R v Tisdell [2003] NSWCCA 60

New South Wales Court of Criminal Appeal

CITATION : R v Tisdell [2003] NSWCCA 60 HEARING DATE(S) : 12/03/03 JUDGMENT DATE : 12 March 2003

JUDGMENT OF : Meagher JA at 1, 8; Dowd J at 6; Barr J at 7 DECISION : 1. Appeal allowed; 2. Conviction quashed; 3. Order of acquittal be entered.

CATCHWORDS : Admission that evidence given at trial was false - quashing of conviction. Regina PARTIES : v Tisdell FILE NUMBER(S) : CCA 60491 of 2002 COUNSEL : A: P M Paish R: P G Ingram SOLICITORS : A: Freemans R: S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 97/21/0217 FILE NUMBER(S) : LOWER COURT Ainslie-Wallace DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL CCA 60491 of 2002

MEAGHER JA DOWD J BARR J

Wednesday, 12 March 2003 REGINA v TISDELL Judgment 1 MEAGHER JA: The appellant, Mr Shane Tisdell, was arraigned on 10 September 1998 on six counts of sexual assault sexual intercourse without consent with a certain LT, his half sister. He pleaded not guilty to all six counts. 2 At the trial which followed, the jury found him guilty on five counts and not guilty on one count. Thereafter, her Honour Judge Ainsley-Moss, sentenced him to a concurrent term of imprisonment of eight years in relation to all five counts. He has now served over four years of that sentence. 3 In the trial Miss T's evidence was virtually, but not entirely, the only evidence against the appellant, in October 2002 Miss T approached the police and informed them that: a. Her evidence in the trial was false; and