MAJW v Regina [2009] NSWCCA 255

New South Wales Court of Criminal Appeal

CITATION: MAJW v Regina [2009] NSWCCA 255 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 September 2009

JUDGMENT DATE: 14 October 2009

JUDGMENT OF: Macfarlan JA at 1; Howie J at 63; Hislop J at 64

(1) Appeal against conviction dismissed. DECISION: (2) Leave to appeal against sentence granted. (3) Sentences imposed by Solomon DCJ are varied by substituting for the non-parole period of 5 years fixed in respect of the sentence as to the conviction on counts six, seven and eight, a non-parole period of 4 years commencing on 28 March 2010 and expiring 27 March 2014. The applicant will be eligible for release on parole upon the expiration of that later date. No change is made to the total sentence which expires on 27 November 2016.

CATCHWORDS: CRIMINAL LAW - appeal against conviction and sentence - whether Crown Prosecutor's final address implicitly asked the jury to accept the complainant's evidence because the accused had not established a motive for her to tell lies - whether Crown Prosecutor's final address or cross examination implicitly invited the jury to discount the accused's evidence because of his interest in securing his acquittal

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995

CATEGORY: Principal judgment

Brown v R [2008] NSWCCA 306 DOE v R [2008] NSWCCA 203 House v The King [1936] HCA 40; (1936) 55 CLR 499 Palmer v The Queen [1998] HCA 2; (1998) 193 CLR 1 Ramey v The Queen (1994) 68 ALJR 917 R v Attard [2004] NSWCCA 376 R v Booty NSWCCA (19 December 1994, unreported) CASES CITED : R v Henry [2004] NSWCCA 306 R v Lenati [2008] NSWCCA 67 R v MAJW [2007] NSWCCA 145; (2007) 171 A Crim R 407 R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151 R v Swan [2005] NSWCCA 252 Robinson v The Queen [1991] HCA 38; (1988-1989) 180 CLR 531 S v R [2008] NSWCCA 186 South v R [2007] NSWCCA 117 Stafford v The Queen (1993) 67 ALJR 510