NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v WSP [2005] NSWCCA 427
HEARING DATE(S): 31 October 2005
JUDGMENT DATE: 14 December 2005
JUDGMENT OF: Spigelman CJ at 1; Sully J at 71; Hulme J at 94
DECISION: See paragraph 190
Regina PARTIES: WSP
FILE NUMBER(S): CCA 2005/1096
Crown: N Norman COUNSEL: Appellant: P Boulton SC
Crown: K Owens SOLICITORS: Appellant: Mark Klees & Associates
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/21/3476 02/21/3466
LOWER COURT JUDICIAL OFFICER: Latham DCJ
- 54 - IN THE COURT OF CRIMINAL APPEAL 2005/1096
SPIGELMAN CJ SULLY J HULME J
Wednesday, 14 December 2005 REGINA v WSP Judgment 1 SPIGELMAN CJ: I have read the judgment of Hulme J in draft. I agree with his Honour's reasons in the first trial, involving the complainant MK and with the order his Honour proposes in that case. With respect to the second trial, involving the complainant CJ, his Honour sets out the facts and the issues and I gratefully adopt his Honour's reasons in that respect. His Honour would allow the appeal on the basis of the inadequacy of the Longman warning and order a new trial. 2 The stringency of the requirement for a Longman warning has emerged clearly from the majority judgments in Crampton v The Queen (2001) 206 CLR 161 and Doggett v The Queen (2001) 208 CLR 343, which were analysed in this Court in the judgments of Wood CJ at CL and Sully J in R v BWT (2002) 54 NSWLR 241. Subsequent to that analysis the High Court returned to the issue in Dyers v The Queen (2002) 210 CLR 285 and held, notwithstanding a delay of five years, that no Longman warning was required. 3 The analysis in BWT has not been adopted in other cases. (See e.g. R v DBG (2002) 133 A Crim R 227 at [28]; Christophers v The Queen (2000) 23 WAR 106 at [37]; Chrisafio v The Queen (2003) 27 WAR 169 at [1], [30]-[31]; RBK v The Queen [2004] WASCA 216 at [34], [99]; Ada v Western Australia [2005] WASCA 162 at [15].) However, in view of my conclusions below, it is unnecessary to consider this further.
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