NSW Caselaw
Reported Decision : 164 A Crim R 426
New South Wales Court of Criminal Appeal
CITATION: PGM v Regina [2006] NSWCCA 310
HEARING DATE(S): 20 September 2006
JUDGMENT DATE: 6 October 2006
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 3; Buddin J at 65
DECISION: Allow the appeal and set aside the convictions. Order a new trial.
CATCHWORDS: Criminal law - sexual intercourse with a person under the age of ten years - indecent assault of a person under the age of ten years - whether open to jury to be satisfied beyond reasonable doubt of guilt of appellant - Criminal law - whether trial counsel incompetent - Criminal law - whether evidence correctly admitted - Criminal law - whether accused raised good character - whether discretion to allow Crown to adduce evidence in rebuttal of good character miscarried.
LEGISLATION CITED: Crimes Act 1900 Evidence Act 1995
Gabriel v R (1997) 76 FCR 279 R v Bartle & Others [2003] NSWCCA 329 CASES CITED: R v Redd [1923] 1 KB 104 M v The Queen (1994) 181 CLR 487 Nudd v The Queen (2006) 80 ALJR 614
PARTIES: PGM, Regina
FILE NUMBER(S): CCA 2006/1392
COUNSEL: D Baran D Frearson SC
SOLICITORS: Dorrough Smart Solicitors S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/1116
LOWER COURT JUDICIAL OFFICER: Marien SC, DCJ
IN THE COURT OF CRIMINAL APPEAL 2006/1392
McCLELLAN CJ AT CL BARR J BUDDIN J
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