Regina v Rodgers [2005] NSWCCA 163

Regina v Rodgers [2005] NSWCCA 163

The extension of time was refused because the conduct underlying the sexual intercourse counts occurred when the Crimes Act definition of sexual intercourse included activity such as fellatio, so the applicant's conduct was lawfully described as sexual intercourse and the proposed appeal had no merit.

Jurisdiction
Australia
Judgment Date
22 April 2005
Procedural Posture
Criminal Application for Extension of Time for Lodging an Appeal / Court of Criminal Appeal
Outcome
Extension of time for lodging appeal refused.
Legal Topics
['extension of Time' 'sexual Intercourse Offences' 'statutory Definition of Sexual Intercourse' 'second Appeal']
['criminal Law and Procedure'] ['extension of Time' 'sexual Intercourse Offences' 'statutory Definition of Sexual Intercourse' 'second Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application for Extension of Time for Lodging an Appeal / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to lodge an appeal more than six years after sentence.' 'Whether convictions for sexual intercourse with a child under sixteen years should be overturned and substituted with indecent assault because the conduct did not involve anal or vaginal intercourse.' 'Whether the statutory definition of sexual intercourse applied to the conduct underlying counts 5, 7, 9 and 11.']

Ratio Decidendi

The extension of time was refused because the conduct underlying the sexual intercourse counts occurred when the Crimes Act definition of sexual intercourse included activity such as fellatio, so the applicant's conduct was lawfully described as sexual intercourse and the proposed appeal had no merit.

Court Disposition

Extension of time for lodging appeal refused.

Orders

  • ['Extension of time for lodging appeal is refused.']