NSW Caselaw
Reported Decision: 168 A Crim R 579
New South Wales Court of Criminal Appeal
CITATION: ROWNEY v R [2007] NSWCCA 49
HEARING DATE(S): 8 November 2006
JUDGMENT DATE: 27 February 2007
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 53; Rothman J at 93
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - sexual assault - acquittal directed on 3 counts - 13 year delay in complaint - whether trial judge erred in rejecting relationship evidence between the complainant and appellant whether jury verdicts unreasonable - whether verdicts unsupported by evidence - inconsistencies between complainant's evidence and Crown opening
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1986 Criminal Appeal Rules 1912
Longman v The Queen (1989) 168 CLR 79 M v The Queen (1994) 181 CLR 487 CASES CITED: MFA v The Queen (2002) 213 CLR 606 R v Markuleski (2001) 52 NSWLR 82 R v Rose (2002) 55 NSWLR 701
PARTIES: Douglas William Rowney (Appl) The Crown
FILE NUMBER(S): CCA 2006/1736
COUNSEL: P A Beale/G A Newton (Appl) P Barrett (Crown
SOLICITORS: Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0208
LOWER COURT JUDICIAL OFFICER: Payne DCJ
LOWER COURT DATE OF DECISION: 8 March 2006
IN THE COURT OF CRIMINAL APPEAL 2006/1736
McCLELLAN CJ at CL SIMPSON J ROTHMAN J
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