NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: NORRIS v REGINA [2007] NSWCCA 235
HEARING DATE(S): Tuesday 10 April 2007
JUDGMENT DATE: 6 August 2007
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 43; Hall J at 62
DECISION: Appeal upheld. The convictions on Counts 1 and 2 set aside.
CATCHWORDS: Criminal law - appeal against convictions - indictment containing multiple counts of sexual offences against one complainant - guilty verdicts on first two counts and acquittals on remaining two counts - unsafe and unsatisfactory verdict principles - unreasonable and insupportable verdicts - test for determining unreasonableness of jury's verdict - significance of acquittals when considering unreasonableness of guilty verdicts - prosecution relying on direct evidence of complainant - credibility of complainant - making or failing to make complaint going to credibility of complainant - delay - s.6(1), Criminal Appeal Act 1912
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
Hayes v The Queen (1973) 47 ALJR 603 Jones v The Queen (1997) 191 CLR 439 M v The Queen (1994) 181 CLR 487 MacKenzie v The Queen (1997) 190 CLR 348 CASES CITED: MFA v The Queen (2002) 213 CLR 606 Morris v The Queen (1987) 163 CLR 454 Regina v Maddox (Queensland Court of Appeal, McPherson J) Regina v Markuleski (2001) 52 NSWLR 82 Regina v R (1989) 18 NSWLR 74 Regina v Workman (2004) 60 NSWLR 471
PARTIES: NORRIS, Stephen Maxwell v REGINA
FILE NUMBER(S): CCA No. 2007/236
COUNSEL: Crown: J Girdham App: P Hamill SC
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