NSW Caselaw
Reported Decision : 164 A Crim R 374
New South Wales Court of Criminal Appeal
CITATION: LEONARD V. REGINA [2006] NSWCCA 267 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 8 May 2006
JUDGMENT DATE: 31 August 2006
JUDGMENT OF: Hodgson JA at 1; Grove J at 87; Adams J at 100
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - EVIDENCE - Appeals - Appeal against conviction - Charges of sexual assaults against female child - Evidence of conduct of sexual nature against complainant which was not the subject of a charge - Corroboration of that incident by complainant's mother - Admitted as relationship evidence - No objection taken at trial - Directions by judge against use as tendency evidence - Whether evidence was in substance used as tendency evidence - Whether error shown in admission of evidence or directions - Application of rule 4.
LEGISLATION CITED: Evidence Act 1995, ss.97, 100, 101, 137
B v. The Queen (1992) 175 CLR 599 Crampton v. The Queen (2000) 206 CLR 161 Doggett v. The Queen (2001) 75 ALJR 1290 Gipp v. The Queen (1998) 194 CLR 106 KRM v The Queen (2001) 206 CLR 221 Longman v. The Queen (1989) 168 CLR 79 M v. The Queen (1994) 181 CLR 487 CASES CITED: Mearns v R [2005] NSWCCA 396 Qualtieri v. The Queen [2006] NSWCCA 95 R v. AH (1997) 42 NSWLR 702 R v. Beserick (1993) 30 NSWLR 410 R v. BWT (2002) 54 NSWLR 241 R v. DBG [2002] NSWCCA 328 R v. Johnston (1998) 45 NSWLR 362 R v. WRC [2002] NSWCCA 210 Wilson v The Queen (1970) 123 CLR 334
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