NSW Caselaw
Reported Decision : 156 A Crim R 84
New South Wales Court of Criminal Appeal
CITATION: Regina v Rymer [2005] NSWCCA 310
HEARING DATE(S): 20 April 2005
JUDGMENT DATE: 6 September 2005
JUDGMENT OF: Grove J at 1; Barr J at 92; Latham J at 93
DECISION: APPEAL AGAINST CONVICTION DISMISSED; SENTENCE APPEAL ALLOWED; APPELLANT RESENTENCED
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - EVIDENCE - DENIAL BY ACCUSED WHEN CONFRONTED BY POLICE WITH ALLEGATION - DENIAL MAINTAINED AT VIDEO RECORDED INTERVIEW HELD SHORTLY THEREAFTER - OBJECTION BY CROWN TO ADMISSION OF EXCULPATORY MATERIAL - HEARSAY - BASIS OF EXCEPTION TO HEARSAY RULE - MAINTENANCE OF COMMON PRACTICE - GENERAL DUTY OF CROWN TO TENDER SUBJECT TO OBJECTIONABILITY OF CONTRIVED MATERIAL - ACCUSED GIVES EVIDENCE FOLLOWING RULING REQUIRING HIM TO DO SO IN ORDER TO MAKE EARLIER DENIALS ADMISSIBLE - RULING ERRONEOUS BUT NO RESULTANT MISCARRIAGE - DISCUSSION OF VARIETY OF APPROACHES TO EVIDENCE OF EXCULPATORY STATEMENTS - SENTENCE - TRIAL JUDGE MISINFORMED AS TO APPLICABLE MAXIMUM PENALTY - IMPOSITIONS IN EXCESS OF MAXIMUM - APPEAL AGAINST SENTENCE ALLOWED AND APPELLANT RESENTENCED
s66A Crimes Act 1900 LEGISLATION CITED: s135 Crimes (Administration of Sentences) Act 1999 s59 Evidence Act 1995
Adam v The Queen 2001 207 CLR 297 Graham v The Queen 1998 195 CLR 606 Ibbs v The Queen 1997 163 CLR 447 McCallum v Parole Board [2003] NSWCCA 294 R v Brooker NSWCCA, unrep 21 February 1996 R v Bryant NSWCCA, unrep 27 June 1994 R v Callaghan 1993 70 A Crim R 350 R v Coats 1932 51 NZLR 401 R v Crisologo 1997 99 A Crim R 178 R v Familic NSWCCA, unrep 4 November 1994 R v Higgins 1829 3 C & P 603 R v Keevers NSWCCA, unrep 26 July 1994 CASES CITED: R v Latu NSWCCA, unrep 6 July 1993 R v Middleton 1998 100 A Crim R 244 R v Moystyn 2004 145 CLR 304 R v Pearce 1979 69 Cr App R 365 R v Reyes [2005] NSWCCA 218 R v Sharp 1988 86 Crim App R 274 R v Skinner NSWCCA, unrep 28 October 1993 R v Tooke 1990 90 Crim App R 417 R v Williamson 1972 1 NSWLR 291 R v Astill 1992 63 A Crim R 148 Ratten v The Queen (1972) AC 378 The Queen's Case 1820 2 Brod & Bing 286
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