NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REES v R [2010] NSWCCA 66
HEARING DATE(S): 15/04/2010
JUDGMENT DATE: 15 April 2010
JUDGMENT OF: Handley AJA at 1; Grove J at 22; Hislop J at 23
EX TEMPORE JUDGMENT DATE: 15 April 2010
1. Appeal allowed; DECISION: 2. Conviction quashed; 3. New trial ordered.
CATCHWORDS: CRIMINAL LAW – sexual offence – relationship evidence – proper use of directions to jury. - CRIMINAL APPEAL – sexual offence –misdirection on proper use of relationship evidence –complainant's evidence not corroborated – oath against oath –proviso not available.
LEGISLATION CITED: Crimes Act, 61I
CATEGORY: Principal judgment
CASES CITED : JDK v The Queen 2009 NSWCCA 76
PARTIES: Alan Rees - Applicant Regina - Respondent/Crown
FILE NUMBER(S): CCA 2007/15886
COUNSEL: T Gartelmann - Appeallant Jennifer Dwyer - Respondent
SOLICITORS: Ryan & Bosscher Lawyers - Appellant S Kavanagh, Solicitor DPP - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/15886
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
LOWER COURT DATE OF DECISION: 20/06/2008
IN THE COURT OF CRIMINAL APPEAL CCA 2007/15886
HANDLEY AJA GROVE J HISLOP J
THURSDAY 15 APRIL 2010 Alan REES v R catchwords
CRIMINAL LAW – sexual offence – relationship evidence – proper use of directions to jury.
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