NSW Caselaw
Reported Decision : 171 A Crim R 463
New South Wales Court of Criminal Appeal
CITATION: QUALTIERI v REGINA [2006] NSWCCA 95 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 25 January 2006
JUDGMENT DATE: 4 April 2006
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 111; Latham J at 124
DECISION: 1. Appeal allowed; 2. Convictions and sentences quashed; 3. Retrial ordered
CATCHWORDS: CRIMINAL LAW – appeal against conviction – sexual offences – person under the age of ten years – assault – acts of indecency – sexual intercourse – whether erroneous admission of evidence – whether miscarriage of justice occurred – probative value – unfair prejudice – erroneous directions – rule 4 – whether prejudice resulting from not being able to cross-examine – evidence of uncharged incidents – relationship evidence – context evidence – tendency evidence – propensity evidence – guilty passion – unreasonable verdicts – motive to lie – unreliability – inconsistency
LEGISLATION CITED: Crimes Act 1900 Evidence Act 1995
BRS v The Queen (1997) 191 CLR 275 Gipp v The Queen (1998) 194 CLR 106 R v AH (1997) 42 NSWLR 702 R v ATM [2000] NSWCCA 475 CASES CITED: R v Dann [2000] NSWCCA 185 R v Fletcher [2005] NSWCCA 338 R v Fraser (NSWCCA unreported 10 August 1998) R v Guildford (2004) 148 A Crim R 558 R v RTB [2002] NSWCCA 104 R v Skaf (2004) NSWCCA 74
PARTIES: Rocco Qualtieri (Appl) The Crown
FILE NUMBER(S): CCA 2005/1859
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