NSW Caselaw
Appeal Outcome: Special leave application refused by the High Court - 31 August 2007
New South Wales Court of Criminal Appeal
CITATION: Anthony Boulattouf v Regina [2007] NSWCCA 102 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 22 March 2007
JUDGMENT DATE: 12 April 2007
JUDGMENT OF: Simpson J at 1; Barr J at 1; Howie J at 1
DECISION: The appeal against the conviction is dismissed. Leave is granted to appeal against the sentence but the appeal is dismissed.
CATCHWORDS: Criminal law - whether a direction inviting the jury to consider whether the complainant had a motive to lie and whether she and her mother had a motive to conspire to lie was capable of correction - whether direction effectively corrected. Criminal law - whether verdicts inconsistent
LEGISLATION CITED: Evidence (Children) Act 1997
McKinney v The Queen (1991) 171 CLR 468 R v Lansdell, Court of Criminal Appeal, New South Wales, 22 May 1995 R v Jovanovic (1997) 42 NSWLR 520 CASES CITED: R v Fuge (2001) 123 A Crim R 310 R v Smith [2000] NSWCCA 468 R v Marsland Court of Criminal Appeal, New South Wales, 17 July 1991, unreported Gilbert v The Queen [2007] HCA 15 Palmer v The Queen (1998) 193 CLR 1
PARTIES: Anthony Boulattouf, Regina
FILE NUMBER(S): CCA 2007/0008
COUNSEL: R Herps P Hamill SC
SOLICITORS: S Kavanagh Nyman Gibson Stewart
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/1128
LOWER COURT JUDICIAL OFFICER: Geraghty DCJ
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