Giovanni Romano v R (a pseudonym) [2019] NSWCCA 49

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Giovanni Romano v R (a pseudonym) [2019] NSWCCA 49 Hearing dates: 31 August 2018 Decision date: 18 March 2019 Before: Simpson AJA at [1] Walton J at [34] Button J at [38] Decision: (1) Leave to appeal against conviction granted. (2) Appeal against conviction dismissed. (3) Leave to appeal against sentence granted. (4) Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – trial for sexual assaults of adult complainant – whether complainant answered question in cross-examination about other sexual contact with applicant non-responsively – whether defence counsel subsequently addressed jury inappropriately – whether trial judge misdirected jury about final address of defence counsel – appeal against conviction dismissed

CRIMINAL LAW – appeal against sentence – aggregate sentence – whether trial judge adopted inappropriate implicit cumulation between indicative sentences – whether trial judge failed to consider question of implicit concurrence adequately – appeal against sentence dismissed Legislation Cited: Criminal Appeal Rules, r 4 Criminal Procedure Act 1986 (NSW), ss 141(1)(b), 143 and 293 Crimes (Domestic and Personal Violence) Act 2007 (NSW) Cases Cited: Browne v Dunn (1894) The Reports 67 Jeffree v R [2017] NSWCCA 72 Category: Principal judgment Parties: Giovanni Romano (a pseudonym) (Appellant) Regina (Respondent) Representation: Counsel: D Barrow (Appellant) T Smith (Respondent)