ROSS, James John v R [2012] NSWCCA 207

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ROSS, James John v R [2012] NSWCCA 207 Hearing dates: 29 May 2012 Decision date: 26 September 2012 Before: Allsop P at [1] Hidden J at [69] Davies J at [70] Decision: 1.Extend time for the filing of a notice of appeal to the date of the filing of the notice of appeal herein. 2.Appeal against conviction dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - appellant convicted on 24 counts of sexual offences - appellant charged jointly or severally with complainant's mother - appellant and complainant's mother tried together - clear directions given by trial judge about use of evidence - no miscarriage of justice in joint trial

CRIMINAL LAW - appeal against conviction - evidence - admission of record of interview - trial judge declined to exclude parts of interview to which appellant answered "no comment" - trial judge declined to exclude evidence of medical examination - evidence not prejudicial or irrelevant - clear directions given by trial judge - no miscarriage of justice

CRIMINAL LAW - appeal against conviction - inconsistent verdicts - appellant acquitted on two counts at trial - evidence on all counts primarily that of complainant - acquittal on two counts not necessarily indicative of doubts about complainant's overall veracity - jury properly instructed - sound possible evidential bases for acquittal on two counts and conviction on 24 other counts - verdicts not inconsistent Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW) Cases Cited: DD v R [2010] NSWCCA 237 Demirok v R [1977] HCA 21; 137 CLR 20 Dungay v R [2010] NSWCCA 82 Gilbert v R [2000] HCA 15; 201 CLR 414 Jones v R [1997] HCA 56; 191 CLR 439 MFA v R [2002] HCA 53; 213 CLR 606 R v Baartman (NSW Court of Criminal Appeal, 6 October 1994, unreported) R v Dellapatrona (1993) 31 NSWLR 123 R v Demirok [1976] VR 244 R v Fernando [1999] NSWCCA 66 R v Harbach (1973) 6 SASR 427 R v Middis (Supreme Court of NSW, 27 March 1991, unreported) R v Murray (1987) 11 NSWLR 12 R v Plevac (1995) 84 A Crim R 570 R v Reeves (1992) 29 NSWLR 109 R v Skaf [2004] NSWCCA 74 TK v R [2009] NSWCCA 151; 74 NSWLR 299 Webb and Hay v R [1994] HCA 30; 181 CLR 41 Category: Principal judgment Parties: James John Ross (Appellant) Regina (Respondent) Representation: G Corr (Appellant) J Girdham (Respondent) O'Briens Solicitors (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2008/5243 Decision under appeal Date of Decision: 2010-06-11 00:00:00 Before: Woods DCJ File Number(s): 2008/11/1024