Jarrett v R [2014] NSWCCA 140

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jarrett v R [2014] NSWCCA 140 Hearing dates: 15 May 2014 Decision date: 28 July 2014 Before: Basten JA at [1]; R A Hulme J at [91]; Campbell J at [92] Decision: (1) With respect to the appeal against conviction, grant leave to appeal with respect to ground 3, but dismiss the appeal. (2) Otherwise refuse leave to rely upon grounds 1, 2 and 4 pursuant to Criminal Appeal Rules, r 4. (3) Refuse leave to appeal against sentence. Catchwords: CRIMINAL LAW - appeal - conviction - directions to jury - admissions made of offences with unspecified victim when accused medicated - directions sought and given went no further than suggesting unreliability - whether direction that the accused may have been referring to someone other than the complainant required - prejudicial effect of proposed direction

CRIMINAL LAW - access to video of complainant's evidence in chief in jury room - general warning to jury about reliance on the video - whether further warning required when viewing video in jury room - procedure when jury seek access to video - video requested along with other evidence - Criminal Procedure Act 1986 (NSW), s 306X

CRIMINAL LAW - appeal - sentence - whether trial judge failed to consider the mental health of the accused

EVIDENCE - delay in making complaint about sexual offence - mandatory warning that delay does not by itself undermine a complainant's credibility - whether a warning was required that the complaint was not made at the earliest reasonable opportunity - whether there was "sufficient evidence" to require a warning - Criminal Procedure Act 1986 (NSW), s 294