Colquhoun v R (No 2) [2013] NSWCCA 191

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Colquhoun v R (No 2) [2013] NSWCCA 191 Hearing dates: 10 May 2013 Decision date: 22 August 2013 Before: Macfarlan JA at [1] Fullerton J at [40] Adamson J at [41] Decision: (1) Grant leave under r 4 of the Criminal Appeal Rules to rely on Appeal Grounds 1 and 2. (2) Allow the appeal. (3) Quash the appellant's convictions entered following the return of verdicts of guilty at his trial in May 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 Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Appeal Rules Evidence Act 1995 Cases Cited: Colquhoun v R (No 1) [2013] NSWCCA 190 DJV v R [2008] NSWCCA 272; 200 A Crim R 206 Gonzales v The Queen [2007] NSWCCA 321; 178 A Crim R 232 Libke v R [2007] HCA 30; 230 CLR 559 Norman v R [2012] NSWCCA 230 R v Wilson [2005] NSWCCA 20; 62 NSWLR 346 Steadman v R (No 1) [2013] NSWCCA 55 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): 2008/16107 Decision under appeal Jurisdiction: 9101 Citation: R v Richard Kenneth Colquhoun Date of Decision: 2009-05-28 00:00:00 Before: Goldring DCJ and jury File Number(s): 2008/16107