Pasoski v R [2014] NSWCCA 309

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pasoski v R [2014] NSWCCA 309 Hearing dates: 4 November 2014 Decision date: 15 December 2014 Before: Meagher JA at [1]; Hidden J at [65]; RS Hulme AJ at [66] Decision: 1. Extend to 16 August 2014 the time for the giving of notice of appeal and notice of application for leave to appeal in respect of the convictions and sentence. 2. Grant leave to appeal in relation to conviction ground 1. 3. Quash the convictions on counts 7 and 8. 4. Direct a judgment and verdict of acquittal be entered on counts 7 and 8. 5. Leave to appeal refused in relation to conviction grounds 2 and 3. 6. Grant leave to appeal in relation to sentencing grounds 1 and 2. 7. Quash the aggregate sentence of imprisonment for five years and six months with a non-parole period of two years and nine months. 8. Sentence the applicant/appellant to an aggregate term of imprisonment for four years and eleven months with a non-parole period of two years and five and a half months ending on 18 October 2014 and to date from 4 May 2012. Catchwords: CRIMINAL LAW - application for extension of time to give notice of appeal against conviction and application for leave against sentence - where application for extension of time not opposed - where affidavit supporting extension of time unsatisfactory - discretionary power to extend time limit to be exercised having regard to the interests of justice in the case

CRIMINAL LAW - appeal against conviction - "context" evidence - where evidence admitted of poor relationship between applicant and complainant - where evidence not of prior sexual or other assaults against the complainant - whether trial judge erred in failing to give specific direction as to limited use to which evidence could be put - Evidence Act 1995 (NSW), ss 55, 97, 101, 135, 137