NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: RWC v R [2010] NSWCCA 332 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 19 November 2010
JUDGMENT DATE: 22 December 2010
JUDGMENT OF: Simpson J at 1; Price J at 151; Garling J at 152
DECISION: (i) appeal against conviction allowed, convictions quashed. (ii) there be a new trial on all counts.
CATCHWORDS: CRIMINAL LAW – aggravated sexual intercourse without consent – act of indecency – context evidence – test of admissibility – tendency evidence – test of admissibility – purpose of tender – test not applied – new trial ordered - CRIMINAL LAW – aggravated sexual intercourse without consent – proof of lack of consent – alternative verdict available - CRIMINAL LAW – sexual offences – unreasonable verdict – test of unreasonable verdict – verdict not unreasonable
Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995
CATEGORY: Principal judgment
DJV v R [2008] NSWCCA 272 ES v R (No 1) [2010] NSWCCA 197 HML v The Queen [2008] HCA 16; 235 CLR 334 Leonard v R [2006] NSWCCA 267; 67 NSWLR 545 M v The Queen [1994] HCA 63; 181 CLR 487 CASES CITED : MFA v The Queen [2002] HCA 53; 213 CLR 606 Qualtieri v R [2006] NSWCCA 95; 171 A Crim R 463 RG v R [2010] NSWCCA 173 SKA v R; R v SKA [2009] NSWCCA 186 SKA v The Queen [2010] HCATrans 198 The Queen v Nguyen [2010] HCA 38
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