KNP v Regina [2006] NSWCCA 213

Reported Decision : 67 NSWLR 227

New South Wales Court of Criminal Appeal

CITATION: KNP v Regina [2006] NSWCCA 213 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Tuesday 30 May 2006

JUDGMENT DATE: 20 July 2006

JUDGMENT OF: McClellan CJ at CL at 1; James J at 79; Hall J at 80

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - EVIDENCE ACT - sexual assault - appeal against conviction - indecent assault - homosexual intercourse - act of gross indecency - offences committed 18 years ago occurring over a period of two years - whether evidence of contemporaneous complaint admissible as prior consistent statement - evidence admitted as a response to prior inconstant statement damaging to complainant's credit - inconsistency inferred from conduct - Crown Prosecutor's address - whether inappropriate comments caused a miscarriage of justice - comments seeking to confine the impact of warnings given to jury in summing up - invitations to speculate in absence of evidence - personal opinion - breach of obligations to present Crown case in impartial and fair manner - impact of closing address by defence counsel and trial judge's summing up - whether directions on caution regarding complainant's evidence because of delay and lack of corroboration - whether trial judge's words diminished significance of warnings given

LEGISLATION CITED: Evidence Act (NSW) 1995 Criminal Procedure Act 1986

Graham v The Queen (1998) 195 CLR 606 Papakosmas v The Queen (1999) 196 CLR 297 R v Ali (2000) NSWCCA 177 R v Joseph Attallah [2005] NSWCCA 277 R v Liristis (2004) 146 A Crim R 547 CASES CITED: R v McCullough (1982) 6 A Crim R 274 R v MM (2004) 145 A Crim R 148 R v Roddom [2001] NSWCCA 168 R v Rugari (2001) 122 A Crim R 1 R v Selsby [2004] NSWCCA 381 R v WSP (2005) NSWCCA 427 Stewart 52 NSWLR 301