JG v R [2014] NSWCCA 138

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JG v R [2014] NSWCCA 138 Hearing dates: 7 February 2014 Decision date: 25 July 2014 Before: Simpson J at [1] Hall J at [202] Schmidt J at [592] Decision: Appeal dismissed Catchwords: CRIMINAL LAW - appeal against conviction - appellant convicted of multiple offences relating to sexual assaults against two complainants - complainants were students at the school at which the appellant resided and was employed - jury in the first trial were unable to agree as to the counts and were discharged - appellant retried before another judge and jury - during the second trial the appellant sought a redetermination of a number of pre-trial orders made by the first trial judge - trial judge did not err in refusing an application pursuant to s 130A of the Criminal Procedure Act 1986 in respect of separate trials on the counts relating to each complainant - trial judge did not err in refusing an application pursuant to s 130A of the Criminal Procedure Act 1986 in respect of tendency and coincidence evidence relied upon by the prosecution - trial judge did not err in refusing an application for a permanent stay of the indictment in respect of one complainant - appellant was not cross-examined contrary to Palmer v R - principles as to impermissible cross-examination referred to in Gonzales v R [2007] NSWCCA 321 - whether there was a miscarriage of justice - basis upon which the appellant conducted his case that complainants and other witnesses had lied - conviction of the appellant was not unsafe or unsatisfactory - appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Appeal Rules Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Barton v The Queen [1980] HCA 48; 147 CLR 75 DAO v R [2011] NSWCCA 63; 81 NSWLR 568 DSJ v DPP (Cth); NS v DPP (Cth) [2012] NSWCCA 9; 84 NSWLR 158 Gonzales v R [2007] [NSWCCA 321; (2007) 178 A Crim R 232 Hoch v The Queen (1988) 165 CLR 292 Jago v The District Court of NSW [1989] HCA 46; 168 CLR 23 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606 Palmer v The Queen [1998] HCA 2; 193 CLR 1 R v BO [2012] NSWDC 194 R v Cook [2004] NSWCCA 52 R v Daley [2001] NSWSC 1211 R v Edelsten (1989) 18 NSWLR 213 R v Fletcher [2005] NSWCCA 338; 156 A Crim R 308 R v Foley (1998) 105 A Crim R 1 R v Ford [2009] NSWCCA 306; 201 A Crim R 451 R v JG (NSWDC, 13 February 2013, unreported) R v JG (NSWDC, 20 February 2013, unreported) R v JG (NSWDC, 23 May 2012, unreported) R v Leak (1969) SASR 172 R v McCarthy (NSWCCA, 12 August 1994, unreported) R v Powch (1988) 14 NSWLR 136 R v Praturlon (CCA, 29 November 1985, unreported) R v PWD (2010) 205 A Crim R 75 R v RWO [2002] NSWCCA 133 R v Shamouil [2006] NSWCA 112; (2006) 66 NSWLR 228 R v Steffan (1993) 30 NSWLR 633 R v XY [2013] NSWCCA 121; 84 NSWLR 363 Raumakita v R [2011] NSWCCA 126; (2011) 210 A Crim R 326 Re Lockyer (1996) 89 A Crim R 457 Reed v R [2006] NSWCCA 314 SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400 Category: Principal judgment Parties: JG (Appellant) Regina (Crown) Representation: Counsel: G Walsh, solicitor (Appellant) N Noman (Crown) Solicitors: G Walsh (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2008/60883 Publication restriction: Non-publication of any material that could identify the appellant. Decision under appeal Date of Decision: 2013-06-17 00:00:00 Before: Garling A-DCJ File Number(s): 2008/60883