PG v Regina [2010] NSWCCA 216

New South Wales Court of Criminal Appeal

CITATION: PG v Regina [2010] NSWCCA 216

HEARING DATE(S): 23 August 2010

JUDGMENT DATE: 22 September 2010

JUDGMENT OF: Beazley JA at 1; James J at 2; Hall J at 59

DECISION: The appeal against conviction is dismissed.

CATCHWORDS: CRIMINAL LAW - verdicts of guilty on some counts - inconsistent verdicts - Jones v The Queen (1997) 191 CLR 439 - unreliability of complainant's evidence on all counts - CRIMINAL LAW - verdicts of guilty on some counts - jury properly directed to give separate consideration to each count - verdicts not inconsistent - MFA v The Queen (2002) 213 CLR 606 - CRIMINAL LAW - sexual assault - competing medical evidence - no error in jury accepting one medical expert over the other

CATEGORY: Principal judgment

Jones v The Queen (1997) 191 CLR 439 CASES CITED : MacKenzie v The Queen (1996) 190 CLR 348 MFA v the Queen (2002) 213 CLR 606 R v TK (2009) 74 NSWLR 299

PARTIES: PG (Appellant) Regina (Respondent)

FILE NUMBER(S): CCA 2008/11195

COUNSEL: E Baskerville (Appellant) J Pickering (Respondent)

SOLICITORS: Hassetts (Appellant) Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2008/11195

LOWER COURT JUDICIAL OFFICER: Ellis DCJ

LOWER COURT DATE OF DECISION: 10 November 2009

- 1 - IN THE COURT OF CRIMINAL APPEAL 2008/11195

BEAZLEY JA JAMES J HALL J

22 September 2010 PG v REGINA Judgment 1 BEAZLEY JA: I agree with James J. 2 JAMES J: PG appealed against his conviction on seven charges of child sexual assault. The victims of the alleged offences were two girls CG and JG, who were half-sisters. CG was PG's daughter and JG was PG's stepdaughter, being a child of PG's wife by an earlier marriage. 3 At the trial PG had been charged with nine offences. Short particulars of the charges in the indictment and of the alleged conduct giving rise to the charges are as follows:-