CC v Regina [2010] NSWCCA 337

New South Wales Court of Criminal Appeal

CITATION: CC v Regina [2010] NSWCCA 337

HEARING DATE(S): 10 December 2010 JUDGMENT OF: Simpson J at 1; Blanch J at 1; Garling J at 1

EX TEMPORE JUDGMENT DATE: 10 December 2010

DECISION: Leave to appeal out of time is granted. Appeal is allowed. Conviction is quashed. New trial is ordered. It is not necessary to deal with the application for leave to appeal against sentence.

CATCHWORDS: CRIMINAL LAW - failure in summing up to put defence case - consciousness of guilt

LEGISLATION CITED: Crimes Act 1900 s61M(2), s66A Criminal Procedure Act 1912 s161(1)

CATEGORY: Principal judgment

Domican v The Queen (1992) 173 CLR 555 CASES CITED : Edwards v R (1993) 178 CLR 193 Pemble v The Queen (1970) 124 CLR 107 R v Veverka (1978) 1 NSWLR 478

PARTIES: CC (Appellant) Regina (Respondent)

FILE NUMBER(S): CCA 2008/16456014

COUNSEL: A Francis (Appellant) N Noman (Respondent)

SOLICITORS: S E O'Connor, Legal Aid Commission S Kavanagh, Solicitor for Public Prosecutions

LOWER COURT JURISDICTION:

LOWER COURT FILE NUMBER(S): 2008/16456

LOWER COURT JUDICIAL OFFICER: Conlon DCJ

LOWER COURT DATE OF DECISION: 31March 2009

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v CC

IN THE COURT OF CRIMINAL APPEAL CCA 2008/16456

SIMPSON J BLANCH J GARLING J

10 December, 2010 CC v Regina JUDGMENT

1 THE COURT: On 23 March, 2009 the appellant entered pleas of not guilty to an indictment charging four counts of aggravated indecent assault contrary to s61M(2) of the Crimes Act 1900 which carries a maximum penalty of ten years and a standard non-parole period of eight years and two counts of sexual intercourse with a child under the age of ten contrary to s66A of the Crimes Act 1900 which carries a maximum penalty of 25 years and a standard non-parole period of 15 years. The first two offences of indecent assault were said to have occurred at Albion Park between 1 January, 2006 and 30 April, 2006. The third and fourth charges of indecent assault were said to have occurred between 1 April, 2006 and 30 September, 2006. The two counts of sexual intercourse with a child under the age of ten were also said to have occurred between 1 April, 2006 and 30 September, 2006.