BG v R [2010] NSWCCA 301

BG v R [2010] NSWCCA 301

Counsel for the appellant was correct that s 293 Criminal Procedure Act precluded cross-examination on the complainant's 1997 statements because they disclosed sexual experience or activity not within the statutory exceptions as to timing or connected circumstances. The application of s 293 did not result in an unfair trial. Further, having examined the evidence, it was open to the jury to be satisfied beyond reasonable doubt as to the appellant's guilt, paying full regard to the jury's advantage in seeing and hearing the complainant.

Jurisdiction
Australia
Judgment Date
13 December 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['sexual Offences' 'evidence Admissibility' 'credibility of Complainant']
['criminal Law'] ['sexual Offences' 'evidence Admissibility' 'credibility of Complainant']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether failure to cross-examine the complainant about the content of statements made in July 1997 resulted in an unfair trial' 'Whether the verdicts of guilty were unreasonable and against the weight of the evidence']

Ratio Decidendi

Counsel for the appellant was correct that s 293 Criminal Procedure Act precluded cross-examination on the complainant's 1997 statements because they disclosed sexual experience or activity not within the statutory exceptions as to timing or connected circumstances. The application of s 293 did not result in an unfair trial. Further, having examined the evidence, it was open to the jury to be satisfied beyond reasonable doubt as to the appellant's guilt, paying full regard to the jury's advantage in seeing and hearing the complainant.

Court Disposition

appeal dismissed

Orders

  • ['Appeal against conviction is dismissed.']