NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Still v R [2010] NSWCCA 131
HEARING DATE(S): 3 May 2010
JUDGMENT DATE: 23 June 2010
JUDGMENT OF: Basten JA at 1; Johnson J at 2; Rothman J at 96
DECISION: Leave to appeal granted in relation to Grounds 1, 2 and 4. Appeal against conviction dismissed.
CATCHWORDS: CRIMINAL LAW - conviction appeal - appellant a taxi driver charged with sexual and stealing offences against female passenger - jury acquits of aggravated detain for advantage and convicts of indecent assault and stealing - whether inconsistent verdicts - inconsistency not established - whether no case to answer on indecent assault count - held there was a case to answer - whether conviction for indecent assault unreasonable and not supported by evidence - ground not established - appeal dismissed
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v EJ Smith [1982] 2 NSWLR 608 R v Ion (1996) 89 A Crim R 81 Rasic v R [2009] NSWCCA 202 R v R (1989) 18 NSWLR 74 Krishna v Director of Public Prosecutions (NSW) [2007] NSWCCA 318; 178 A Crim R 220 CASES CITED : Dungay v R [2010] NSWCCA 82 Jovanovksi v Director of Public Prosecutions (NSW) [2009] NSWCCA 284 R v TK [2009] NSWCCA 151; 74 NSWLR 299 R v Serratore [1999] NSWCCA 377; 48 NSWLR 101 R v Sorlie (1925) 25 SR 532 Fitzgerald v Kennard (1995) 3 NSWLR 184 Toalepai v R [2009] NSWCCA 270
PARTIES: Cory Edward Still (Appellant) Regina (Respondent)
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