NSW Caselaw
Reported Decision : 62 NSWLR 476
New South Wales Court of Criminal Appeal
R v Mueller [2005] NSWCCA 47 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 1 February 2005
JUDGMENT DATE: 25 February 2005
JUDGMENT OF: Hunt AJA at 1; Studdert J at 8; Hulme J at 131
DECISION: Appeal dismissed.
CATCHWORDS: Assaults with acts of indecency - whether summing up appropriate on issue of "consent" and "reckless indifference" - whether necessity for Shepherd style direction as to knowledge complainant not consenting or recklessly indifferent to whether or not complainant was consenting. Acquittal on two of five counts - whether verdict of jury unreasonable.
Crimes Act, ss 61D, 61M, 61R LEGISLATION CITED: Criminal Appeal Act, s 6
Fitzgerald v Kennard (1995) 38 NSWLR 184 M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 Question of Law (No. 1 of 1993) (1993) 59 SASR 214 R v Beserick (1993) 30 NSWLR 510 R v Blayney & Anor [2003] SASC 405 CASES CITED: R v Clark (unreported, NSWCCA, 17 April 1998) R v Henning (unreported, NSWCCA, 11 May 1990) R v Kitchener (1993) 29 NSWLR 696 R v Morgan (1970) VR 337 R v Shepherd (No. 5) (1990) 170 CLR 573 R v Tillott (1991) 53 A Crim R 46 R v Tolmie (1995) 37 NSWLR 660
PARTIES: Regina v Alexander Mueller
FILE NUMBER(S): CCA 2004/2115
Ms D. Woodburne (Crown) COUNSEL: Mr D. Patch (Appellant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate