NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ARS v R [2011] NSWCCA 266 Hearing dates: 12 September 2011 Decision date: 09 December 2011 Before: Bathurst CJ at [1]; James J at [236]; Johnson J at [237] Decision: (1) Leave to appeal against conviction granted, appeal dismissed. (2) Leave to appeal against sentence granted, appeal dismissed. Catchwords: CRIMINAL LAW - appeal - conviction - appellant convicted of persistent sexual abuse of a child under s 66EA of the Crimes Act 1912 - whether trial unfair due to structure of indictment
CRIMINAL LAW - appeal - conviction - appellant convicted of persistent sexual abuse of a child under s 66EA of the Crimes Act 1912 - whether jury required to specify the three incidents supporting a conviction under s 66EA
CRIMINAL LAW - appeal - conviction - appellant convicted of persistent sexual abuse of a child under s 66EA of the Crimes Act 1912 - whether acts supporting charges were sufficiently particularised
CRIMINAL LAW - appeal - conviction - appellant convicted of persistent sexual abuse of a child under s 66EA of the Crimes Act 1912 - whether relationship evidence, context evidence and evidence of uncharged acts was misused by the jury
CRIMINAL LAW - appeal - conviction - appellant convicted of persistent sexual abuse of a child under s 66EA of the Crimes Act 1912 - whether charges bad for latent duplicity
CRIMINAL LAW - appeal - conviction - appellant convicted of persistent sexual abuse of a child under s 66EA of the Crimes Act 1912 - whether insufficient evidence to leave charges to the jury
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