NSW Caselaw
New South Wales Court of Criminal Appeal
R v Grattan [2005] NSWCCA 306 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24 May 2005
JUDGMENT DATE: 2 September 2005
JUDGMENT OF: McClellan AJA at 1; Simpson J at 186; Rothman J at 187
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - Whether the trial judge erred in admitting evidence of the complainant's distressed condition - uncharged acts not complained of - pre-text telephone conversations and email messages - Incorrect directions to jury - Miscarriage of justice
The Crown PARTIES: Phillip John Grattan (Appl)
FILE NUMBER(S): CCA 2005/117
D C Frearson SC (Crown) COUNSEL: B Walker SC/A J Kimmins (Appl)
Solicitor for Public Prosecutions (Crown) SOLICITORS: Ryan & Bosscher (Appl)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0695
LOWER COURT JUDICIAL OFFICER: Hock DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/117
McCLELLAN AJA SIMPSON J ROTHMAN J
FRIDAY 2 SEPTEMBER 2005 REGINA v Phillip John GRATTAN Judgment 1 McCLELLAN AJA: The appellant was tried before Her Honour Judge Hock and a jury at the Sydney District Court on the following charges:
1. That he between 1 January 1993 and 31 December 1994 at Bexley in the State of New South Wales, did have sexual intercourse with the complainant without his consent and knowing that he was not consenting, when the complainant was under the age of 16 years.
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