NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v HAWAT [2004] NSWCCA 393 HEARING DATE(S) : 11/10/04 JUDGMENT DATE : 8 December 2004
JUDGMENT OF : Grove J at 1; James J at 2; Hoeben J at 218 DECISION : Appeal against conviction dismissed
CATCHWORDS : CRIMINAL LAW - Conviction appeal - sexual intercourse without consent - whether the trial judge erred by failing to discharge the jury when it was put by defence counsel that prejudicial media publicity had been published during the course of the trial - whether trial judge failed to adequately direct the jury as to the inconsistencies in the evidence of the complainant and the Crown witnesses - whether the trial judge erred in his directions on hearsay evidence - whether the trial judge erred in failing to give warnings relating to identification evidence - whether verdicts of guilty constituted a miscarriage of justice LEGISLATION CITED : Crimes Act Evidence Act Jones v The Queen (1997) 191 CLR 439 CASES CITED : M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 R v Crowther-Wilkinson [2004] NSWCCA 249 PARTIES : Regina v Ahmed HAWAT FILE NUMBER(S) : CCA 2004/1806 COUNSEL : A Francis - Appellant Dr P Power SC - Crown SOLICITORS : S O'Connor (LAC) - Appellant S Kavanagh - Crown
LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/0394 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL
2004/1806 GROVE J JAMES J HOEBEN J
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