NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Douglas v R [2005] NSWCCA 419
HEARING DATE(S): 14 November 2005
JUDGMENT DATE: 23 December 2005
JUDGMENT OF: Simpson J at 1; Adams J at 152; Hoeben J at 156
DECISION: 1. Appeal against convictions dismissed; 2. leave granted to appeal against each sentence; 3. each sentence appeal dismissed.
CATCHWORDS: appeal against conviction - application to appeal against sentences - assault occasioning actual bodily harm - common assault - aggravated sexual assault - sexual assault - self-defence - whether self-defence ought to have been left to jury - lies - cross-examination of appellant - whether excessive delay in complaint
Crimes Act 1900 s59(1), s61, s61I, s293, s418, s419 LEGISLATION CITED: Criminal Procedure Act (1986) s293, S294
Alford v Magee [1952] HCA 3; 85 CLR 437 Edwards v The Queen [1993] HCA 63; 178 CLR 193 Pemble v The Queen [1971] HCA 20; 124 CLR 107 CASES CITED: R v Tangye (1997) 92 A Crim R 545 Stevens v The Queen [2005] HCA 65, unreported, 21 October 2005 Zecevic v Director of Public Prosecutions (Victoria) [1987] HCA 26; 162 CLR 645 Zoneff v The Queen [2000] HCA 28; 200 CLR 234
Jerry Douglas - Appellant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2005/1170
D Woodburne - Crown COUNSEL: P Hamill SC - Appellant
S Kavanagh - Crown SOLICITORS: S O'Connor - Appellant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/1027
LOWER COURT JUDICIAL OFFICER: Latham DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1170
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