NSW Caselaw
Reported Decision : 167 A Crim R 484
New South Wales Court of Criminal Appeal
CITATION: RELC v REGINA [2006] NSWCCA 383
HEARING DATE(S): 6 October 2006
JUDGMENT DATE: 29 November 2006
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 86; Howie J at 87
DECISION: 1. The appeal is allowed; 2. The convictions and sentences are quashed; 3. Order a new trial.
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - act of indecency - sexual intercourse - child under ten years - miscarriage of justice - warnings to jury relating to evidence-in-chief given by recording - warnings to jury relating cross-examination by CCTV - whether error in allowing recordings and transcript to be taken to jury room - disproportionate weight - no adverse inference - whether proper procedure followed for allowing recordings and transcripts to be taken to jury room - improper cross-examination - evidence of children - warnings on unreliability - whether a warning appropriate - whether contemplated under s 165 of the Evidence Act
Evidence Act 1995 LEGISLATION CITED: Evidence (Children) Act 1997 Evidence Legislation Amendment Act 2001 (NSW)
Jones v R [2005] NSWCCA 443 R v DBG (2002) 133 A Crim R 227 CASES CITED: R v NZ (2005) 63 NSWLR 628 R v Stewart 52 NSWLR 301 Wilson v R [2006] NSWCCA 217
PARTIES: RELC (Appl) The Crown)
FILE NUMBER(S): CCA 2006/861
COUNSEL: A Francis (Appl) P Barrett (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate