Makarov v R (No. 1) [2008] NSWCCA 291

New South Wales Court of Criminal Appeal

CITATION: Makarov v R (No. 1) [2008] NSWCCA 291

HEARING DATE(S): 5 May 2008; 6 May 2008

JUDGMENT DATE: 9 December 2008

JUDGMENT OF: Bell JA at 1; Johnson J at 1; McCallum J at 1

DECISION: Appeal against conviction dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against conviction - sexual assault offences - complainant a concert pianist and student of appellant - whether Crown was obliged to call expert evidence concerning impossibility of performing as a concert pianist when under stress - whether verdicts unreasonable or not able to be supported having regard to the evidence - whether inconsistent verdicts - claim that trial miscarried through failure to provide simultaneous headphone translation facilities - alleged inadequacies in trial Judge's directions - alleged bias of trial Judge - alleged incompetence of Counsel - alleged wrongful admission of evidence of admissions - alleged wrongful admission of hearsay evidence - character - no error established - rational basis for different verdicts - no miscarriage of justice demonstrated - appeal against conviction dismissed

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Appeal Rules 1952 Evidence Act 1995

CATEGORY: Principal judgment

Dossi (1918) 13 Cr App R 158 Ignjatic v R [1993] 68 A Crim R 333 Makarov v R (No. 2) [2008] NSWCCA 292 Makarov v R (No. 3) [2008] NSWCCA 293 Markby v R (1978) 140 CLR 108 R v Kennedy (2000) 118 A Crim R 34; [2000] NSWCCA 487 CASES CITED : R v McKnoulty (1995) 77 A Crim R 333 R v Southammavong; R v Sihavong [2003] NSWCCA 312 R v Stringer [2000] NSWCCA 293; 116 A Crim R 198 R v VHP (unreported) Court of Criminal Appeal, 7 July 1997 Simic v R (1980) 144 CLR 319 Smale v R [2007] NSWCCA 328 Walters v The Queen [1969] 2 AC 26