Paul Upton v Regina [2006] NSWCCA 256

New South Wales Court of Criminal Appeal

CITATION: Paul Upton v Regina [2006] NSWCCA 256

HEARING DATE(S): 31 July 2006

JUDGMENT DATE: 23 August 2006

JUDGMENT OF: Beazley JA at 1; Hulme J at 54; Hislop J at 55

DECISION: 1. Extend the time within which to file a notice of appeal and an application for leave to appeal to 5 April 2006; 2. Appeal against conviction dismissed; 3. Leave to appeal against sentences granted; 4. Appeal against sentences dismissed.

CATCHWORDS: CRIMINAL LAW – appeal against conviction – aggravated sexual assault and sexual assault – whether error in trial judge's directions to jury - JUDGE – direction to jury on use of appellants lie as giving rise to consciousness of guilt – whether lie relevant to particular offence only – lie relevant to each offence – no error in jury direction - JUDGE – direction to jury on joint criminal enterprise – whether trial judge erred in failing to direct jury as to doctrine of extended joint criminal enterprise – no error - SENTENCING – appeal against sentence – Court must be of opinion that some other sentence is warranted in law and should have been passed – sentences within appropriate discretionary range – no other sentence warranted

Crimes Act 1900 (NSW) ss 61JA, 90A LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) s 21 Criminal Appeal Rules r 4 Criminal Appeal Act 1912 (NSW) s 6

Edwards v The Queen (1993) 178 CLR 193 McAuliffe v The Queen (1995) 183 CLR 108 CASES CITED: Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 Papakosmas v The Queen (1999) 196 CLR 297 R v Lowery and King (No 2) [1972] VR 560 R v Tangye (1997) 92 A Crim R 545