RRS v R [2013] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RRS v R [2013] NSWCCA 94 Hearing dates: 21 November 2012 Decision date: 02 May 2013 Before: Macfarlan JA at [1] Hall J at [2]; Campbell J at [94] Decision: Appeal dismissed Catchwords: CRIMINAL LAW - offences of aggravated sexual assault and aggravated indecent assault - multiple counts in relation to each of two child complainants - evidence of separate complaints - where no suggestion of collusion between the complainants - whether evidence of one complainant inadmissible in proof of the Crown case in relation to the other - no issues of cross-admissibility raised at trial - directions of trial judge did not indicate evidence on one count available to use in another count - no direction sought at trial - trial directions adequate in the circumstances of the trial - no error established by the trial judge in not giving a direction in terms specified in R v Mitchell (1995) NSWCCA, 5 April 1995, unreported or in R v Mayberry [2000] NSWCCA 531

CRIMINAL LAW - offences of aggravated sexual assault and aggravated indecent assault - directions to the jury - evidence of complaint - delay between the mother of the complainants hearing complaint and providing police statement - where absence of corroboration - whether direction under s 165 Evidence Act 1995 required in circumstances in which the issue of the reliability of the complainants and their mother is directly in issue - no direction was required under s 165 Evidence Act 1995 Legislation Cited: Criminal Appeal Act 1912 Family Law Act 1975 Cases Cited: R v Baartman [2000] NSWCCA 298 R v Collins [2001] NSWCCA 386 R v Dennis (2010) 202 A Crim R 453; [2010] SASC 69 R v Mayberry [2000] NSWCCA 531 R v Mitchell (NSWCCA, 5 April 1995, unreported) Category: Principal judgment Parties: RRS (Appellant) Regina (Respondent) Representation: Counsel: C Loukas SC; J Williams (Appellant) F Veltro (Respondent) Solicitors: Legal Aid NSW (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/7437 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-06-15 00:00:00 Before: Toner DCJ File Number(s): 2009/7437