CTM v R [2007] NSWCCA 131

Reported Decision: 171 A Crim R 371 Appeal Outcome: Special leave granted by the High Court - 16 November 2007; Appeal dismissed by the High Court - 11 June 2008 - CTM v The Queen [2008] HCA 25

New South Wales Court of Criminal Appeal

CITATION: CTM v R [2007] NSWCCA 131 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 13/12/2006

JUDGMENT DATE: 24 May 2007

JUDGMENT OF: Hodgson JA at 1; Howie J at 9; Price J at 157

DECISION: The appeal against conviction is dismissed . The application for leave to appeal against sentence is granted, the appeal allowed and the sentence quashed. The matter is remitted to the District Court.

CATCHWORDS: Criminal Law - Offences - Child sexual assault - whether defence by reason of mistake of age exists - Criminal responsibility - whether repeal of statutory defence gave rise to common law defence - Statutory Interpretation - whether legislature intended to exclude common law defence when creating new child sexual assault offences - Appeal - whether verdicts unreasonable in light of acquittal of more serious alternatives - Sentence - failure to comply with provisions of Children (Criminal Proceedings) Act.

Crimes Act 1900 - ss 52A, 52B, 77(2) (now repealed), 61J(1), 61J(2)(d), 66C(3,) 66C(4), 66C(5)(g), 66E(1A), 66J, 71, 76, 77, 78K, 78O, 78Q, 78R Children (Criminal Proceedings) Act 1987 - s 3 Crimes Amendment (Sexual Offences) Act 2003 - s 3, Schedule 1(14) Crimes (Girls' Protection) Act 1910 Crimes (Girls' Protection) Act 1911 Criminal Appeal Rules - rule 4 Criminal Appeal Act 1912 - s 6(1) LEGISLATION CITED: Crimes Act Victoria Crimes Amendment (Sexual Offences) Act 2003 Criminal Law Amendment Act 1883 - ss 41, 42, 59, 60, 61, 369 Criminal Law Amendment Act 1885 (UK) Criminal Law Manual Crimes (Amendment Act) 1924 - ss 71, 77 Crimes (Child Assault) Amendment Act 1985 Interpretation Act 1987 - s 31(1)