LP v Regina [2013] NSWCCA 330

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LP v Regina [2013] NSWCCA 330 Hearing dates: 9 September 2013 Decision date: 23 December 2013 Before: Beazley P at [1] McCallum J at [2] Schmidt J at [101] Decision: Appeal dismissed Catchwords: CRIME - appeal against conviction - where appellant acquitted during trial on four counts of sexual assault and then convicted on remaining five counts - whether verdicts unreasonable - whether evidence of an alleged admission to the complainant's husband should have been excluded under s 137 of the Evidence Act - whether evidence of statements by mother of complainant excluded by consent ought to have been admitted Legislation Cited: Criminal Appeal Act 1912 Cases Cited: M v R [1994] HCA 63; (1994) 181 CLR 487 MFI v R [2002] HCA 53; (2002) 213 CLR 606 Prasad v R (1979) 2 A Crim R 45 R v SKA [2009] NSWCCA 186 R v TK [2009] NSWCCA 151; (2009) 74 NSWLR 299 Category: Principal judgment Parties: LP (appellant) Regina Representation: Counsel: C Loukas SC (appellant) V Lydiard (Crown) Solicitors: Legal Aid NSW (appellant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2009/5106 Publication restriction: None Decision under appeal Date of Decision: 2012-09-21 00:00:00 Before: Norrish DCJ File Number(s): 2009/5106