REGINA v Michael WHYTE [2006] NSWCCA 75

New South Wales Court of Criminal Appeal

CITATION: REGINA v Michael WHYTE [2006] NSWCCA 75 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 March 2006

JUDGMENT DATE: 24 March 2006

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 42; Barr J at 60

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW – Appeal – Against Conviction – s86(2)(b) of the Crimes Act 1900 – Detaining victim with intent to obtain advantage – Whether verdict unreasonable – Whether a circumstantial case on intent requires particulars of sexual intercourse to be separately supported by separate evidence - CRIMINAL LAW – Practice and Procedure – Whether complaint evidence properly admitted – Purpose for which evidence from a victim of attempted sexual assault as to what s/he believed was happening is admissible

LEGISLATION CITED: Crimes Act 1900: s86(2)(b), s61L Evidence Act 1995: s136, s76, s78, s60, s66

Gipp v The Queen (1998) 194 CLR 106 Knight v The Queen (1992) 175 CLR 495 M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 CASES CITED: Papakosmas v The Queen (1999) 196 CLR 297 R v Drollett [2005] NSWCCA 356 R v Habib [2005] NSWCCA 223 Sheherd v The Queen (1990) 70 CLR 573 Smith v The Queen (2001) 206 CLR 650

PARTIES: Michael Whyte (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2222 of 2005

COUNSEL: H Dhanji (Applicant) V Lydiard (Respondent)

SOLICITORS: S O'Connor – Legal Aid Commission (Applicant) S Kavanagh – Solicitor for NSW Director of Public Prosecutions (Respondent