RJ v R [2010] NSWCCA 263

New South Wales Court of Criminal Appeal

CITATION: RJ v R [2010] NSWCCA 263

HEARING DATE(S): 22 September 2010

JUDGMENT DATE: 15 November 2010

JUDGMENT OF: Campbell JA at 1; Latham J at 63; Price J at 64

(1) Appeal allowed. DECISION: (2) Set aside the conviction in the court below. (3) Remit the matter to the District Court for a new trial.

CATCHWORDS: CRIMINAL LAW – Sexual assault – evidence – CRIMINAL LAW – Evidence – competence of person to take oath – unsworn evidence by child – admissibility of matter referred to in unsworn evidence – fundamental defect through manner of receiving unsworn evidence – appeal allowed, matter remitted to District Court for new trial – CRIMINAL LAW – Appeal and new trial – objections not raised in court below – whether leave required to appeal against decision to receive unsworn evidence – reason why matter not raised at trial is important in deciding whether to grant leave under Rule 4, Criminal Appeal Rules – CRIMINAL LAW – Evidence – accused evidence of good character – whether Crown submission prejudicial to accused – overall context of prosecutor's speech qualified effect of relevant passage – accurate to say that good character evidence is not determinative of the issue of guilt or innocence – no miscarriage of justice – CRIMINAL LAW – Evidence – evidence of good character of accused– whether judge's directions to jury inadequate or prejudicial to accused – held that it is open to judge to direct jury that they are entitled to take evidence of good character into account – no miscarriage of justice

Criminal Appeal Rules LEGISLATION CITED: Criminal Procedure Act 1986 Evidence Act 1995 Evidence Amendment Act 2007