R. v. SELSBY, Kenneth William [2004] NSWCCA 381

R. v. SELSBY, Kenneth William [2004] NSWCCA 381

The conviction appeal failed because the evidence of assaults on the complainants' mother was relevant to the complainants' acquiescence and to issues concerning complaint, and no error warranting appellate intervention was shown in the trial judge's s.137 assessment. The complaint evidence concerning F was admissible by leave under s.108(3)(a) because F's conduct in later staying with the appellant and writing him a letter could amount to implied prior inconsistent representations, the defence used those matters to suggest the alleged events had not occurred, and the prior complaint was capable of assisting her credibility; the trial judge considered unfairness and allowed further...

Jurisdiction
Australia
Judgment Date
09 November 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Crown Appeal on Sentence From District Court Convictions and Sentences
Outcome
Conviction appeal dismissed; Crown appeal on sentence dismissed.
Legal Topics
['sexual Assaults on Minors' 'appeal Against Conviction' "admissibility of Evidence of Assaults on Complainants' Mother" 'probative Value and Unfair Prejudice' 'prior Inconsistent Statements' 'prior Consistent Statement and Complaint Evidence' 'crown Appeal Against Sentence' 'parity' 'manifest Inadequacy']
['criminal Law' 'evidence' 'sentencing'] ['sexual Assaults on Minors' 'appeal Against Conviction' "admissibility of Evidence of Assaults on Complainants' Mother" 'probative Value and Unfair Prejudice' 'prior Inconsistent Statements' 'prior Consistent Statement and Complaint Evidence' 'crown Appeal Against Sentence' 'parity' 'manifest Inadequacy']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Crown Appeal on Sentence From District Court Convictions and Sentences

Legal Issues

  1. 1 ["Whether the trial judge erred in allowing evidence of alleged physical assaults committed by the appellant upon the complainants' mother." 'Whether the trial judge erred in admitting evidence of complaint in the trial concerning F.' 'Whether the sentences were manifestly inadequate or otherwise affected by sentencing error warranting intervention on the Crown appeal.']

Ratio Decidendi

The conviction appeal failed because the evidence of assaults on the complainants' mother was relevant to the complainants' acquiescence and to issues concerning complaint, and no error warranting appellate intervention was shown in the trial judge's s.137 assessment. The complaint evidence concerning F was admissible by leave under s.108(3)(a) because F's conduct in later staying with the appellant and writing him a letter could amount to implied prior inconsistent representations, the defence used those matters to suggest the alleged events had not occurred, and the prior complaint was capable of assisting her credibility; the trial judge considered unfairness and allowed further...

Court Disposition

Conviction appeal dismissed; Crown appeal on sentence dismissed.

Orders

  • ['Conviction appeal dismissed.' 'Crown appeal on sentence dismissed.']