NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Peter John REED v Regina [2006] NSWCCA 314
HEARING DATE(S): 1 September 2006
JUDGMENT DATE: 10 October 2006
JUDGMENT OF: Spigelman CJ at 1; McClellan CJ at CL at 82; Sully J at 83
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – Jurisdiction, practice and procedure – Powers and duties of prosecution – Delay in disclosure to defence of evidence in possession of Crown. - CRIMINAL LAW – Appeal – Whether a miscarriage of justice – Material withheld not of "sufficient relevance". - EVIDENCE – Evidentiary Matters Relating to Witnesses and Accused – Cross-examination of sexual assault complainants – Significance of surrounding detail to reliability of memory of assault.
LEGISLATION CITED: Criminal Appeal Act 1912 (NSW), s6(1) Criminal Procedure Act 1986 (NSW), s294(2)
Grey v The Queen [2001] 75 ALJR 1078 CASES CITED: Kilby v The Queen (1973) 129 CLR 46 R v BWT (2002) 54 NSWLR 241 R v Grey [2000] 111 A Crim R 314
PARTIES: Peter John Reed (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/958
COUNSEL: A. Francis (Appellant) P.G. Ingram (Respondent)
SOLICITORS: J. Pearson, Solicitor for the Legal Aid Commission S. Kavanagh, Solicitor for the Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/61/0008
LOWER COURT JUDICIAL OFFICER: Shadbolt DCJ
LOWER COURT DATE OF DECISION: 22 April 2005
- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/958
SPIGELMAN CJ McCLELLAN CJ at CL SULLY J
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