NSW Caselaw
Reported Decision: 192 A Crim R 448
New South Wales Court of Criminal Appeal
CITATION: Gordon-King v R [2008] NSWCCA 335
HEARING DATE(S): 3 December 2008
JUDGMENT DATE: 22 December 2008
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 30; Howie J at 31
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - particular grounds - improper admission or rejection of evidence - aggravated indecent assault and aggravated sexual assault - evidence of complaint - where maker available - whether asserted fact fresh in the memory of the person who made the representation - whether evidence of complaint wrongly admitted - whether admission of evidence unfair - whether evidence admissible to re-establish complainant's credit - compelling Crown case
LEGISLATION CITED: Crimes Act 1900 Evidence Act 1995
CATEGORY: Principal judgment
Gassy v The Queen [2008] HCA 18; (2008) 82 ALJR 838 Graham v The Queen [1998] HCA 61; (1998) 195 CLR 606 CASES CITED : Langbein v R [2008] NSWCCA 38 Papakosmas v R [1999] HCA 37; (1999) 196 CLR 297 Skipworth v R [2006] NSWCCA 37 Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300
PARTIES: David Gordon-King (Appellant) The Crown
FILE NUMBER(S): CCA 2007/4816
COUNSEL: M Dennis (Appellant) P G Ingram (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appellant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/61/0009
LOWER COURT JUDICIAL OFFICER: Hulme DCJ
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