NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Salmond v R [2010] NSWCCA 141
HEARING DATE(S): 25 May 2010
JUDGMENT DATE: 7 July 2010
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 2; Fullerton J at 102
DECISION: (i) Appeal against conviction dismissed; (ii) Leave to appeal against sentence granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW – particular offences – offences against the person – sexual offences – indecent assault – sexual intercourse without consent - CRIMINAL LAW – appeal against conviction for sexual intercourse without consent – whether error in giving direction to jury on recklessness as to consent – direction on recklessness required where consent in issue – no error in giving direction where consent not in issue – cross-examination capable of suggesting consent – failure to give adequate direction in accordance with R v Murray – no particular form of words necessary, adequate directions given – appeal against conviction dismissed - CRIMINAL LAW – appeal against sentence for sexual intercourse without consent – sentence not manifestly excessive – standard non-parole period – offence below mid-range of objective gravity – sentence imposed not outside range available to sentencing Judge – leave to appeal against sentence granted, appeal dismissed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Henning (NSWCCA, 11 May 1990, unreported) CASES CITED : R v Murray (1987) 11 NSWLR 12 R v Porteus [2003] NSWCCA 18 R v Qin; Qin v R [2008] NSWCCA 189
PARTIES: Christopher John Salmond (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/14402
COUNSEL: K Ginges (Applicant) F Veltro (Respondent)
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