McKECHNIE v. REGINA [2006] NSWCCA 13

New South Wales Court of Criminal Appeal

CITATION: McKECHNIE v. REGINA [2006] NSWCCA 13 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Friday 16 December 2005

JUDGMENT DATE: 15 February 2006

JUDGMENT OF: Mason P at 1; Barr J at 2; Hall J at 3

EX TEMPORE JUDGMENT DATE: 02/19/2006

DECISION: The appeal against conviction dismissed. Grant leave to the applicant to appeal in respect of the sentence imposed upon him, but dismiss the appeal.

CATCHWORDS: Criminal law - appeal against conviction and sentence - sexual assault - directions as to the use of a doctor's evidence - doctor not cross-examined - directions as to evidence of complainant and accused - complaint that trial judge's remarks diverted the jury from its fact finding task - directions of the trial judge to choose between the account of the complainant and the accused - use of rhetorical questions in addressing a jury - warning about acting on uncorroborated evidence - Murray direction - directions relating to self-defence.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

RTB [2002] NSWCCA 104 Kelleher (1971) 131 CLR 534 Coles (CCA, unreported 16 September 1993) Gallagher (1946) 41 SASR 73 Murray (1987) 11 NSWLR 12 Longman (1989) 168 CLR 79 Burt (2003) 140 A. Crim. R. 555 CASES CITED: BRS (1997) 191 CLR 275 Dziduch (1990) 47 A. Crim. R. 378 Veen (No. 2) (1988) 164 CLR 645 Berg (2004) 41 MVR 399 Hayes [2001] NSWCCA 358 Rushby (1977) 1 NSWLR 594 Simpson (2001) 53 NSWLR 504 Pearce (1998) 194 CLR 610