NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DD v R [2010] NSWCCA 237
HEARING DATE(S): 14/10/2010
JUDGMENT DATE: 26 October 2010
JUDGMENT OF: McClellan CJatCL at 1; Kirby J at 3; Hoeben J at 4
DECISION: Appeal dismissed.
CATCHWORDS: APPEAL – Appeal against conviction – conviction on some counts of sexual assault and acquittal on others – whether verdicts of jury were inconsistent and unreasonable – verdicts capable of being reconciled – Challenge to Trial Judge's refusal to give direction – whether evidence available to support Crown submission in final address.
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
MacKenzie v The Queen (1996) 190 CLR 348 at 366 R v Markuleski [2001] NSWCCA 290, (2001) 52 NSWLR 82 CASES CITED : MFA v The Queen [2002] HCA 53, (2002) 213 CLR 606 R v Murray (1987) 11 NSWLR 12 R v PMT (2003) VSCA 200, (2003) 8 VR 50 R v Stone (unreported, 13 December 1954)
PARTIES: DD - Appellant Regina - Respondent
FILE NUMBER(S): CCA 2009/4121009
Mr R Foord/Mr D Mihalic - Appellant COUNSEL: Mr J Pickering - Crown
SOLICITORS: Haylen Mackenzie - Appellant S Kavanagh - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/11/1063
LOWER COURT JUDICIAL OFFICER: Knox DCJ
LOWER COURT DATE OF DECISION: 11/12/2009
IN THE COURT OF CRIMINAL APPEAL 2009/4121
McCLELLAN CJ at CL KIRBY J HOEBEN J
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