NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: RG v R [2010] NSWCCA 173
HEARING DATE(S): 21 July 2010
JUDGMENT DATE: 9 August 2010
JUDGMENT OF: Campbell JA at 1; Simpson J at 2; Whealy J at 46
DECISION: Appeal against conviction dismissed.
CATCHWORDS: CRIMINAL LAW – offences against the person – sexual offences – aggravated indecent assault - victim under age of 16 years - CRIMINAL LAW – appeal against conviction - EVIDENCE – whether trial judge erred by failing adequately to distinguish between tendency and context evidence – whether trial judge permitted tendency evidence led before the Jury otherwise than in accordance with s 97 and s 101 of the Evidence Act 1995 (NSW) – evidence admitted to establish context and not for tendency purposes – appropriate directions given
LEGISLATION CITED: Crimes Act 1900 Evidence Act 1995
CATEGORY: Principal judgment
DJV v R [2008] NSWCCA 272 CASES CITED : JDK v R; R v JDK [2009] NSWCCA 76; 194 A Crim R 333 Qualtieri v The Queen [2006] NSWCCA 95; 171 A Crim R 463 R v Fletcher [2005] NSWCCA 338; 156 A Crim R 308
PARTIES: RG (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2009/602
COUNSEL: G D Wentler (Applicant) S Dowling (Respondent)
SOLICITORS: Van Houten Law (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/602
LOWER COURT JUDICIAL OFFICER: Syme DCJ
LOWER COURT DATE OF DECISION: 18 December 2009
IN THE COURT OF CRIMINAL APPEAL 2009/602
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