CPG v R [2009] NSWCCA 120

CPG v R [2009] NSWCCA 120

The trial judge's directions, though not using the exact statutory words 'separate days,' sufficiently conveyed to the jury that the relevant sexual offences must have occurred on at least three separate occasions, each identifiable as a separate day, consistent with s 66EA(1) Crimes Act 1900. There was no miscarriage of justice and the directions were adequate in the context of the case.

Jurisdiction
Australia
Judgment Date
29 April 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction
Outcome
Leave to appeal refused under Rule 4 and appeal dismissed
Legal Topics
['appeal Against Conviction' 'persistent Sexual Abuse of a Child' 'jury Directions' 'criminal Appeal Rules']
['criminal Law'] ['appeal Against Conviction' 'persistent Sexual Abuse of a Child' 'jury Directions' 'criminal Appeal Rules']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge erred by not directing the jury that the relevant incidents had to occur on separate days as required by s 66EA(6)(a) Crimes Act 1900' 'Whether the trial judge erred in failing to give a separate consideration warning in respect of count 1']

Ratio Decidendi

The trial judge's directions, though not using the exact statutory words 'separate days,' sufficiently conveyed to the jury that the relevant sexual offences must have occurred on at least three separate occasions, each identifiable as a separate day, consistent with s 66EA(1) Crimes Act 1900. There was no miscarriage of justice and the directions were adequate in the context of the case.

Court Disposition

Leave to appeal refused under Rule 4 and appeal dismissed

Orders

  • ['Leave to appeal refused under Rule 4' 'Appeal dismissed']