NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: LJW v R [2010] NSWCCA 114 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 7 May 2010
JUDGMENT DATE: 4 June 2010
JUDGMENT OF: Hodgson JA at 1; Johnson J at 84; Rothman J at 85
DECISION: (1) Leave to appeal granted. (2) Appeal dismissed.
CATCHWORDS: EVIDENCE – Charge of aggravated sexual intercourse with a minor – Offence alleged to have occurred at night after the accused had driven the complainant and another boy to a friend's house – Evidence that the accused had masturbated in the car while driving the boys to the friend's house – Whether admissible as res gestae or as evidence of the accused's state of mind. - CRIMINAL LAW – Appeal against conviction – Alleged errors in directions – Points not taken at trial – Whether verdict unreasonable.
Criminal Appeal Act 1912 s 5(1)(a) LEGISLATION CITED: Criminal Appeal Rules rule 4 Criminal Procedure Act 1986 s 294 and s 294AA Evidence Act 1995 ss 97, 101 and 137
CATEGORY: Principal judgment
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 CASES CITED : MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606 R v Adam [1999] NSWCCA 189; (1999) 106 A Crim R 510 O'Leary v The King [1946] HCA 44; (1946) 73 CLR 566 Rasic v R [2009] NSWCCA 202
PARTIES: LJW (appellant) REGINA
FILE NUMBER(S): CCA 2007/00015395009
COUNSEL: M C RAMAGE QC (appellant) S DOWLING (Crown)
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