GE v R [2018] NSWCCA 91

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GE v R [2018] NSWCCA 91 Hearing dates: 13 April 2018 Decision date: 11 May 2018 Before: Simpson AJA at [1]; Fullerton J at [2]; McCallum J at [53] Decision: Leave to appeal refused; appeal dismissed Catchwords: CRIMINAL LAW – appeal against conviction – sexual offences against a child family member – where Crown case included alleged admissions including general admissions not referring to any particular act, charged or uncharged, and specific admissions of uncharged acts – whether the trial judge failed to give adequate direction as to the way in which that evidence could be used Legislation Cited: Crimes Act 1900 (NSW), ss 61M(2), 66C(2) Criminal Appeal Rules (NSW), r 4 Cases Cited: ARS v R [2011] NSWCCA 266 Dent v R [2017] NSWCCA 166 Greenhalgh v R [2017] NSWCCA 94 Rolfe v R [2007] NSWCCA 155; 173 A Crim R 168 Category: Principal judgment Parties: GE (Applicant) The Crown (Respondent) Representation: Counsel: P Lange (Applicant) F Veltro (Crown)

Solicitors: Aaron Joseph Isaacs Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2014/69424 Publication restriction: Identification of the complainant is prohibited under s 15A of the Children (Criminal Proceedings) Act 1987 (NSW). The names of the applicant and certain witnesses are anonymised in this judgment to avoid identifying the complainant Decision under appeal Court or tribunal: District Court Jurisdiction: Crime Date of Decision: 2 August 2016 Before: Norton DCJ File Number(s): 2014/69424