RYLANDS v REGINA [2008] NSWCCA 106

Reported Decision: 184 A Crim R 534

New South Wales Court of Criminal Appeal

CITATION: RYLANDS v REGINA [2008] NSWCCA 106

HEARING DATE(S): 28 March 2008

JUDGMENT DATE: 23 May 2008

JUDGMENT OF: Mason P at 1; James J at 111; Hoeben J at 112

DECISION: Appeal against conviction dismissed. Leave to appeal against sentence granted but appeal dismissed.

CATCHWORDS: CRIMINAL LAW – Particular offences – offences against the person – other offences against the person – sexual offences – rape and sexual assault – proof and evidence - CRIMINAL LAW – Appeal and new trial and inquiry after conviction – appeal and new trial – appeal against sentence – appeal by convicted persons – applications to reduce sentence – when refused – particular offences – offences against the person – sexual offences – whether sentence unduly harsh and severe – whether failure to take into account offender's age and good character - EVIDENCE – Admissibility and relevance – opinion evidence – expert opinion – other cases – DNA evidence – where expert gives opinion on DNA matters – Sorbolene cream facilitating transfer of DNA – where expert had no experience with Sorbolene cream and DNA – where evidence alleged to have no scientific basis – where witness alleged to lack specialised knowledge – Evidence Act 1995, s79

Evidence Act 1995 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Clark v Ryan (1960) 103 CLR 486 HG v The Queen [1999] HCA 2, 197 CLR 414 Keller v R [2006] NSWCCA 204 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 CASES CITED : Middleton v The Queen [2000] WASCA 213, (2000) 114 A Crim R 258 R v Dib (NSWCCA, Meagher JA, Allen and Badgery-Parker JJ, 13 September 1991) R v Girard [2004] NSWCCA 170 R v Grbin [2004] NSWCCA 220 R v Markuleski (2001) 52 NSWLR 82