GROUNDSTROEM, Christoffer Andreas v R [2013] NSWCCA 237

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GROUNDSTROEM, Christoffer Andreas v R [2013] NSWCCA 237 Hearing dates: 14 August 2013 Decision date: 31 October 2013 Before: Macfarlan JA at [1] Adams J at [2] Button J at [67] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - sexual assault - historical sexual assault - husband rapes wife - issue of consent - delay in complaint - whether significant forensic disadvantage - lack of medical records of the complainant in documenting the complaint - admissions of husband to counsellor and the police - effect of delay rather than length important - directions - counsel must apply with details of forensic disadvantage alleged Legislation Cited: Evidence Act 1995 Criminal Appeal Rules Cases Cited: R v WSP [2005] NSWCCA 427 Evans v The Queen [2007] HCA 59; (2007) 235 CLR 521; (2007) 82 ALJR 250 Texts Cited: Stephen Odgers, Uniform Evidence Law, 9th ed (2010) Thomson Reuters Category: Principal judgment Parties: Christoffer Andreas Groundstroem (Appellant) Regina (Crown) Representation: Solicitors: Nyman Gibson Stewart (Appellant) Director of Public Prosecutions (Crown) File Number(s): 2010/112633 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-09-26 00:00:00 Before: DCJ O'Connor File Number(s): 2010/112633