NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DJS v R [2010] NSWCCA 200 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 14 July 2010
JUDGMENT DATE: 8 September 2010
JUDGMENT OF: Hodgson JA at 1; Kirby J at 86; Whealy J at 87
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – Appeal against conviction – Sexual assaults – Tendency evidence – Trial judge does not direct jury that uncharged incidents suggesting sexual interest in the complainant must be proved beyond reasonable doubt – Whether a miscarriage of justice – Whether the proviso to s 6 of the Criminal Appeal Act 1912 should be applied.
Criminal Appeal Act 1912 s 6 LEGISLATION CITED: Criminal Procedure Act 1986 s 294B Evidence Act 1995 s 97
CATEGORY: Principal judgment
R v ATM [2000] NSWCCA 475 DJV v R [2008] NSWCCA 272 Gipp v The Queen [1998] HCA 21; 194 CLR 106 R v Haggerty [2004] NSWCCA 89; (2004) 145 A Crim R 138 HML v The Queen [2008] HCA 16; 235 CLR 334 CASES CITED : JDK v R [2009] NSWCCA 76; (2009) 194 A Crim R 333 Rees v R [2010] NSWCCA 66 RWB v R [2010] NSWCCA 147 R v TAB [2002] NSWCCA 274 R v Toki (No. 3) [2000] NSWSC 999; (2000) 116 A Crim R 536 Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300
PARTIES: DJS (appellant) The Crown
FILE NUMBER(S): CCA 2008/0657
COUNSEL: S BUCHEN (appellant) S DOWLING/ B KAPLAN (Crown)
SOLICITORS: Legal Aid Commission of NSW (appellant) Director of Public Prosecutions (Crown)
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