Colquhoun v R (No 1) [2013] NSWCCA 190

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Colquhoun v R (No 1) [2013] NSWCCA 190 Hearing dates: 10 May 2013 Decision date: 22 August 2013 Before: Macfarlan JA at [1] Fullerton J at [65] Adamson J at [66] Decision: (1) Grant leave under r 4 of Criminal Appeal Rules to rely on Appeal Ground 1. (2) Allow the appeal. (3) Quash the appellant's convictions entered following the return of verdicts of guilty at his trial in February 2009. (4) Direct a new trial of the charges upon which the appellant was convicted. (5) Dismiss the appellant's applications for examination of witnesses filed on 18 January 2013 insofar as they relate to the present proceedings. Catchwords: CRIMINAL LAW - indecent assault of person under the age of 16 - evidence showing sexual interest of accused in complainant - requirement for use as tendency evidence not satisfied - jury invited to use evidence for impermissible tendency reasoning - convictions quashed

CRIMINAL LAW - indecent assault of person under the age of 16 - adequacy of directions to jury concerning a motive to lie on the part of the complainant and his mother Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Appeal Rules Evidence Act 1995 Cases Cited: BBH v R [2012] HCA 9; 245 CLR 499 Colquhoun v R (No 2) [2013] NSWCCA 191 Doe v R [2008] NSWCCA 203 ES v R (No 1) [2010] NSWCCA 197 ES v R (No 2) [2010] NSWCCA 198 DJV v R [2008] NSWCCA 272; 200 A Crim R 206 Gonzales v The Queen [2007] NSWCCA 321; 178 A Crim R 232 House v The King [1936] HCA 4; 55 CLR 499 Libke v The Queen [2007] HCA 30; 230 CLR 559 Qualtieri v R [2006] NSWCCA 95; 171 A Crim R 462 R v AH (1999) 42 NSWLR 702 R v Wilson [2005] NSWCCA 20; 62 NSWLR 346 RWC v R [2010] NSWCCA 332 Steadman v R (No 1) [2013] NSWCCA 55 Toalepai v R [2009] NSWCCA 270 TWL v R [2012] NSWCCA 57 TWL v R (No 2) [2012] NSWCCA 93 Category: Principal judgment Parties: Richard Colquhoun (Appellant) Regina (Respondent) Representation: Counsel: Self-represented Appellant S Dowling (Respondent) Solicitors: Self-represented Appellant Solicitor for Public Prosecutions (Respondent) File Number(s): 2008/876; 2008/1282 Decision under appeal Jurisdiction: 9101 Citation: R v Richard Kenneth Colquhoun Date of Decision: 2009-02-25 00:00:00 Before: Lakatos DCJ and jury File Number(s): 2008/876; 2008/1282