NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: McCarthy v Regina [2008] NSWCCA 320
HEARING DATE(S): 16 September 2008
JUDGMENT DATE: 18 December 2008
JUDGMENT OF: Giles JA at 1; Rothman J at 138; Price J at 139
DECISION: Time for appealing be extended to 17 August 2006. Appeal dismissed.
CATCHWORDS: Criminal law - sexual offences - appeal against conviction - unrepresented appellant - numerous complaints - including that legal representation deficient - and that verdicts unreasonable and could not be supported having regard to the evidence - substance of complaints distilled from grounds, submissions and other materials - legal representatives made rational decisions - no miscarriage of justice - open to jury to be satisfied beyond reasonable doubt - audio tapes of complainant's police interview tendered - jury retired with tapes and transcript - contrary to preferred procedure - in the circumstances, no miscarriage of justice.
Ali v The Queen [2005] HCA 8; (2005) 214 ALR 1; M v The Queen [1994] HCA 63; (1994) 181 CLR 487; MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606; CASES CITED : R v NZ [2005] NSWCCA 278; (2005) 63 NSWLR 628; Rudd v The Queen [2006] HCA 9; (2006) 225 ALR 161; TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124; Wilson v R [2006] NSWCCA 217.
PARTIES: Rodney Raymond McCarthy - Appellant The Crown - Respondent
FILE NUMBER(S): CCA 2005/4253
COUNSEL: Appellant in person N F Noman - Crown
SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 04/51/0127
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