GAC v Regina, WC v Regina [2007] NSWCCA 287

Reported Decision: 178 A Crim R 1

New South Wales Court of Criminal Appeal

CITATION: GAC v Regina, WC v Regina [2007] NSWCCA 287

HEARING DATE(S): 27 July 2007

JUDGMENT DATE: 10 October 2007

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 2; Harrison J at 3

DECISION: In the matter of GAC; appeal dismissed. In the matter of WC; appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal allowed in part. Sentences imposed in respect of counts 5, 6 and 7 quashed. See paragraph 76.3 for new sentences imposed. A NON-PUBLICATION ORDER APPLIES TO THIS JUDGMENT.

CATCHWORDS: CRIMINAL LAW - appeal against conviction and sentence - whether evidence of police interview of complainant in 1995 wrongly admitted – whether probative value outweighed by prejudice to accused – relevance of delay in complaint – no direction sought by counsel for accused – Crown address – whether improper – no criticism by trial judge – no request for remedial direction – whether verdict unreasonable having regard to delay in complaint – whether jury should have had reasonable doubt having regard to evidence contradicting complainant – more than inconsistence or contradiction required – complainant's evidence not demonstrably or arguably unreliable or incredible – jury's verdict plainly open – CRIMINAL LAW – sentence – accumulation – head sentence reduced by fifty per cent – failure to give effect to special circumstances – non-parole period reduced from 7 years to 5 years

LEGISLATION CITED: Crimes Act 1900 - ss 61E(1A), 61I, 61M(1), 66A, 66C(2) Crimes (Administration of Sentences) Regulation 2001 - reg 216(1)

Chamberlain v The Queen (No 2) (1984) 153 CLR 521 Chidiac v The Queen (1990) 171 CLR 432 Jones v The Queen (1997) 191 CLR 439 Libke v The Queen [2007] HCA 30 Livermore v R [2006] NSWCCA 334 M v The Queen (1994) 181 CLR 487 CASES CITED: Morris v The Queen (1987) 163 CLR 454 Palmer v The Queen 66 ALJR 270 R v Heather May Attard [2004] NSWCCA 376 R v Cramp [2004] NSWCCA 264 R v Dellapatrona (1993) 31 NSWLR 123 R v LWP [2003] NSWCCA 215 R v Ralph and George (1988) 37 A Crim R 202 Whitehorn v The Queen (1983) 152 CLR 657