R v RGC [2012] NSWCCA 271

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v RGC [2012] NSWCCA 271 Hearing dates: 28 November 2012 Decision date: 14 December 2012 Before: Bathurst CJ at [1] Hall J at [2] Button J at [3] Decision: Publication of reserved reasons for vacating the trial judge's ruling of 31 July 2012, and remitting the proceedings to the District Court. Catchwords: CRIMINAL LAW - appeal pursuant to 5F(3A) of the Criminal Appeal Act 1912 - whether error in excluding tendency evidence or context evidence - whether tendency notice defective - appeal allowed by consent - reasons later published Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: KTR v R [2010] NSWCCA 271 R v PWD [2010] NSWCCA 209 Category: Principal judgment Parties: Crown (appellant) RGC (respondent) Representation: Counsel: T Smith (appellant) J Manuell SC (respondent) Solicitors: Solicitor for Public Prosecutions (appellant) Legal Aid NSW (respondent) File Number(s): 10/404214 Publication restriction: Nothing that would identify the respondent Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-07-31 00:00:00 Before: Armitage DCJ File Number(s): 10/404214

Judgment 1BATHURST CJ: I agree with the reasons of Button J. 2HALL J: I agree with the judgment of Button J. 3BUTTON J: Due to the fact that the respondent is facing a pending trial, I have anonymised references to his name. 4Because orders have already been made by this Court disposing of this appeal with the consent of the parties, I can be unusually brief.