GIALLOMBARDO, Peter v R [2014] NSWCCA 25

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GIALLOMBARDO, Peter v R [2014] NSWCCA 25 Hearing dates: 28 November 2013 Decision date: 12 March 2014 Before: Hoeben CJ at CL at [1]; Blanch J at [2]; Hall J at [3] Decision: Appeal dismissed Catchwords: CRIMINAL LAW - appeal against conviction - three counts of aggravated indecent assault pursuant to s 61M(1) of the Crimes Act 1900 - one count of aggravated sexual assault pursuant to s 61J(1) of the Crimes Act 1900 - convicted of four counts of aggravated indecent assault - alleged that the jury verdicts are unreasonable and could not be supported by the evidence - all relevant matters were left open to the jury - upon the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of the offences charged - alleged failure by the trial judge to adequately warn the jury that the prosecution case relied wholly on the evidence of the complainant - failure by trial counsel to seek directions - application of Rule 4 of the Criminal Appeal Rules - trial judge gave strong and clear directions as to the importance of not returning a guilty verdict unless the jury was satisfied beyond reasonable doubt of the evidence given by the complainant - jury accepted the complainant as a truthful and reliable witness - benefit of the jury seeing the complainant give evidence - no miscarriage of justice arising from the absence of good character evidence and directions on good character - failure by trial counsel to seek directions on good character - application of Rule 4 of the Criminal Appeal Rules - proper consideration was given by trial counsel to the question of calling good character evidence and a tactical decision was made - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Rules , r 4 Evidence Act 1995 Police Act 1990 Cases Cited: Attwood v The Queen (1960) 102 CLR 353 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 R v D (1996) 86 A Crim R 41 R v Murray (1987) 11 NSWLR 12 SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400 Ward v The Queen [2013] NSWCCA 46 Category: Principal judgment Parties: Peter Giallombardo (Appellant) Regina (Respondent) Representation: Counsel: T Game SC; D Barrow (Appellant) H Wilson SC (Respondent) Solicitors: Giddy & Crittenden (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/238119 Decision under appeal Date of Decision: 2012-04-24 00:00:00 Before: Bennett DCJ File Number(s): 2010/238119