ZHU v R [2013] NSWCCA 163

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ZHU v R [2013] NSWCCA 163 Hearing dates: 30 May 2013 Decision date: 09 July 2013 Before: Hoeben CJ at CL at [1] Fullerton J at [95] McCallum J at [103] Decision: Grounds of Appeal 1 and 2 dismissed. Leave to rely upon Grounds of Appeal 3 and 4 refused. Catchwords: CRIMINAL LAW - conviction appeal - three counts of sexual intercourse without consent and two counts of sexual assault involving three separate victims - whether course of events at trial gave rise to a miscarriage of justice because of the failure to order separate trials - whether s97 Evidence Act 1995 (NSW) was correctly applied - whether tendency evidence gave rise to a miscarriage of justice - appellant a practitioner of traditional Chinese medicine - whether jury should have been directed as to "for proper medical purposes" with respect to offence contrary to s61H(1) Crimes Act 1900 - significance of jury question - whether evidence gave rise to need for such a direction - whether direction required even though appellant had not raised the issue "for proper medical purposes" - whether jury properly directed as to appellant's good character - appeal dismissed. Legislation Cited: Crimes Act, 1900 - s61I, s61L Criminal Appeal Act 1912 - s6(1) Evidence Act 1995 - s97 Cases Cited: Carney v R; Cambey v R [2011] NSWCCA 223 Dupas v The Queen [2012] VSCA 328 Gillard v R [2003] HCA 64; 219 CLR 1 Ith v R [2012] NSWCCA 70 Madden v R [2011] NSWCCA 254 at [28] - [29] Pemble v R [1971] HCA 20; 124 CLR 107 R v Forsti [2010] ACTSC 85 R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228 R v XY [2013] NSWCCA 121 R v Zaidi (1991) 57 A Crim R 189 Weiss v The Queen [2005] HCA 81; 224 CLR 300 R v Demirok [1976] VR 244 Category: Principal judgment Parties: Watson Ben Zhi Zhu - Appellant Representation: Counsel: Mr M Boulten SC/Mr P Lowe - Appellant Ms M Cinque - Respondent Crown Solicitors: McKenzie Leamey - Appellant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/274546 Decision under appeal Date of Decision: 2011-11-24 00:00:00 Before: Hock DCJ File Number(s): 2010/274546