NSW Caselaw
Reported Decision: 194 A Crim R 333
New South Wales Court of Criminal Appeal
CITATION: JDK v R R v JDK [2009] NSWCCA 76
HEARING DATE(S): 12 February 2009
JUDGMENT DATE: 27 March 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 60; Adams J at 61
DECISION: Convictions quashed and new trial ordered.
CATCHWORDS: CRIMINAL LAW - appeal against conviction - sexual assault - direction to jury - relationship evidence or context evidence - convictions quashed
LEGISLATION CITED: Evidence Act 1995
CATEGORY: Principal judgment
DJV v R [2008] NSWCCA 272 HML v R (2008) HCA 16; (2008) 245 ALR 204 MacKenzie v The Queen (1996) 190 CLR 348 CASES CITED : MFA v The Queen (2002) 213 CLR 606 Norris v R [2007] NSWCCA 235; 176 A Crim R 42 Oldfield v The Queen 163 A Crim R 242 Qualtieri v The Queen 171 A Crim R 463 R v Markuleski (2001) 52 NSWLR 82
On conviction appeal: JDK (Appellant) PARTIES: The Crown (Respondent) On Crown appeal: JDK (Respondent) The Crown (Appellant)
FILE NUMBER(S): CCA 2007/13595
COUNSEL: R P Greenhill SC (Appellant) N Noman (Crown)
SOLICITORS: W G McNally Jones Staff (Appellant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0787
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
LOWER COURT DATE OF DECISION: 12 September 2008
IN THE COURT OF CRIMINAL APPEAL 2007/13595
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