NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v RTGS [2005] NSWCCA 293
HEARING DATE(S): 07/06/2005
JUDGMENT DATE: 12 September 2005
JUDGMENT OF: Studdert J at 1; James J at 4; Howie J at 5
DECISION: The appeal is dismissed.
CATCHWORDS: Criminal Law - Evidence - complainant's evidence in chief given by playing videotape - tape marked as exhibit - sent to jury on retirement - procedural irregularity - rule 4 applied - no miscarriage of justice - Verdict not unreasonable or against weight of the evidence.
Crimes Act 1900 - s 61J Evidence (Children) Act 1997 - ss 9(1)(a), 14 LEGISLATION CITED: Evidence Act 1995 - s 165 Criminal Procedure Rules - rule 4
R v NZ [2005] NSWCCA 278 R v Stewart (2001) 52 NSWLR 301 R v Fowler (2003) 151 A Crim R 166 R v El-Azzi [2004] NSWCCA 455 CASES CITED: R v BAH (2002) 5 VR 517 M v The Queen (1994) 181 CLR 487 Jones v The Queen (1997) 191 CLR 439 R v Williams (1999) 104 A Crim R 260
PARTIES: Regina v RTGS
FILE NUMBER(S): CCA 2005/622
D. Frearson SC - Crown COUNSEL: R. Burgess - Appellant
S. Kavanagh - Crown SOLICITORS: S.E. O'Connor - Appellant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/1219
LOWER COURT JUDICIAL OFFICER: Knight DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/622
STUDDERT J JAMES J HOWIE J
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