NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Shepherd v Regina [2007] NSWCCA 203 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 21 June 2007
JUDGMENT DATE: 13 July 2007
JUDGMENT OF: Beazley JA at 1; Grove J at 4; Simpson J at 5
DECISION: (1) Appeal allowed. (2) Conviction quashed. (3) Order a new trial.
CATCHWORDS: CRIMINAL LAW – aggravated sexual intercourse without consent – aggravated indecent assault – offence committed in company – plea of not guilty – directions given by trial judge – successful appeal by alleged co-offender – ground of appeal available to appellant – "why would the complainant lie?" – intoxication possibly relevant to consent – appellant's denial of sexual intercourse – consent not an issue
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
CASES CITED: South v Regina [2007] NSWCCA 117 The Queen v Wilson, Tchorz and Young (1986) 42 SASR 203
PARTIES: Robert Raymond Shepherd (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/2384
COUNSEL: G Bashir (Applicant) V Lydiard (Respondent)
SOLICITORS: Ross Hill and Associates (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3324
LOWER COURT JUDICIAL OFFICER: Williams DCJ
LOWER COURT DATE OF DECISION: 19 May 2004
IN THE COURT OF CRIMINAL APPEAL 2006/2384
BEAZLEY JA GROVE J SIMPSON J
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