Norman v R [2012] NSWCCA 230

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Norman v R [2012] NSWCCA 230 Hearing dates: 27 August 2012 Decision date: 09 November 2012 Before: Macfarlan JA at [1] Price J at [64] McCallum J at [65] Decision: The appellant's appeal against conviction and application for leave to appeal against the sentences imposed upon him are dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - three counts of sexual intercourse without consent s 61I Crimes Act 1900 - whether trial judge erred in admitting evidence of prior non-sexual domestic violence as relationship evidence - whether miscarriage of justice resulted - whether miscarriage of justice resulted from absence at trial of 'fresh evidence' of appellant's Asperger's Disorder

CRIMINAL LAW - application for leave to appeal against sentence - sexual intercourse without consent - appellant sentenced to seven and a half years imprisonment with four and half years non-parole period - whether sentences were manifestly excessive - whether objective seriousness of offences was assessed in context of marital relationship between appellant and complainant Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: BBH v R [2012] HCA 9; 86 ALJR 357 Bellchambers v R [2011] NSWCCA 131 DJV v R [2008] NSWCCA 272; 200 A Crim R 206 Markarian v R [2005] HCA 25; 228 CLR 357 NM v R [2012] NSWCCA 215 Patel v R [2012] HCA 29; 86 ALJR 954 Pfennig v R [1995] HCA 7; 182 CLR 461 Qualtieri v R [2006] NSWCCA 95; 171 A Crim R 463 Roach v R [2011] HCA 12; 242 CLR 610 RG v R [2010] NSWCCA 173 R v Abou-Chabake [2004] NSWCCA 356; 149 A Crim R 417 R v Dan Hendricks [2011] NSWCCA 203 R v Mark Andrew Grech [1999] NSWCCA 268 Weiss v R [2005] HCA 81; 224 CLR 300 Wilson v R [1970] HCA 17; 123 CLR 334 Wiren v R (1996) 5 NTLR 211; 89 A Crim R 356 Category: Principal judgment Parties: Christopher Robert John Norman (Appellant) Regina (Respondent) Representation: Counsel: S Odgers SC (Appellant) R A Herps (Respondent) Solicitors: Legal Aid NSW (Appellant) S Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/646380 Decision under appeal Jurisdiction: 9101 Citation: R v Christopher Robert John Norman Before: Wells SC DCJ File Number(s): 2009/646380