GG v Regina [2010] NSWCCA 230

Reported Decision: 204 A Crim R 125

New South Wales Court of Criminal Appeal

CITATION: GG v Regina [2010] NSWCCA 230 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 18 June 2010

JUDGMENT DATE: 12 October 2010

JUDGMENT OF: Beazley JA at 1; Buddin J at 119; Barr AJ at 120

1. Appeal against conviction dismissed; DECISION: 2. Leave to appeal against sentence granted; 3. Appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW – appeal – conviction – warning to jury – delay between offence and complaint – whether trial judge failed to properly direct the jury in relation to delay in complaint - CRIMINAL LAW – appeal – conviction – warning to jury – danger of convicting on uncorroborated evidence of complainant where such evidence cannot be adequately tested because of passage of time – whether trial judge should have warned the jury in accordance with Longman v R [1989] HCA 60, (1989) 168 CLR 79 - CRIMINAL LAW – appeal – conviction – warning to jury – Longman direction – whether trial was governed by the provisions of the Criminal Procedure Act 1986, s 294AA - CRIMINAL LAW – appeal – conviction – warning to jury – Longman direction – whether trial was governed by the provisions of the Evidence Act 1995, s 165B - STATUTORY INTERPRETATION – Criminal Procedure Act 1986 – Evidence Act 1995 – transitional provisions

Crimes Act 1900 Criminal Appeal Rules, r 4 Criminal Procedure Act 1986 LEGISLATION CITED: Criminal Procedure Amendment (Sexual and Other Offences) Act 2006 Criminal Procedure Regulation 2005 District Court Rules 1973 Evidence Act 1995 Evidence Amendment Act 2007