NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Matthew Peter O'KEEFE v R; R v Matthew Peter O'KEEFE [2009] NSWCCA 121
HEARING DATE(S): 13/03/2009
JUDGMENT DATE: 27 April 2009
JUDGMENT OF: McColl JA at 1; Grove J at 2; Howie J at 3
DECISION: 1. The appeal against the convictions is allowed and the convictions quashed. 2. The sentences imposed in the District Court are quashed. 3. On counts 7 to 11 there is a verdict of acquittal. 4. There is to be a retrial of counts 1 to 6.
CATCHWORDS: Criminal Law - Conviction appeal and Crown appeal against sentence - Evidence - tendency evidence - whether admissible - whether overly prejudicial - sufficiency of reasons admitting the evidence.
LEGISLATION CITED: Evidence Act - ss 97, 101, 137, 165
CATEGORY: Principal judgment
R v Fletcher [2005] NSWCCA 338 R v Ellis [2003] NSWCCA 319; 58 NSWLR 700 CASES CITED : Pfenning v The Queen (1995) 182 CLR 461 House v The King (1936) 55 CLR 499 R v Nassif [2004] NSWCCA 433
PARTIES: Matthew Peter O'Keefe v R; R v Matthew Peter O'Keefe
FILE NUMBER(S): CCA 2007/15153
COUNSEL: P Miller - Crown P Strickland SC / D O'Neill - Appellant/Respondent
SOLICITORS: S Kavanagh - Crown S O'Connor - Appellant/Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0850
LOWER COURT JUDICIAL OFFICER: Puckeridge DCJ
LOWER COURT DATE OF DECISION: 10/07/2008
IN THE COURT OF CRIMINAL APPEAL 2007/15153
McCOLL JA GROVE J HOWIE J
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