Regina v DJT [1999] NSWCCA 22

Regina v DJT [1999] NSWCCA 22

Count 5 conviction was quashed due to prosecution being commenced outside the statutory limitation period; evidence of prior consistent statements was admissible to rebut fabrication allegations; jury verdicts on separate counts could rationally be reconciled and were not inconsistent.

Parties
Respondent: Regina; Appellant: DJT
Jurisdiction
Australia
Judgment Date
24 February 1999
Procedural Posture
Criminal Appeal / Judgment
Outcome
Conviction on count 5 quashed; appeal otherwise dismissed.
Legal Topics
Indecent Assault, Admissibility of Prior Consistent Statements, Carnal Knowledge, Jury Verdict Consistency
Criminal Law Indecent Assault Admissibility of Prior Consistent Statements Carnal Knowledge Jury Verdict Consistency

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Parties

Regina

Respondent

DJT

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether conviction on count 5 could stand despite limitation period for prosecution
  2. 2 Admissibility of prior consistent statements under s 108(3)(b) of the Evidence Act
  3. 3 Consistency of jury verdicts on multiple counts

Ratio Decidendi

Count 5 conviction was quashed due to prosecution being commenced outside the statutory limitation period; evidence of prior consistent statements was admissible to rebut fabrication allegations; jury verdicts on separate counts could rationally be reconciled and were not inconsistent.

Court Disposition

Conviction on count 5 quashed; appeal otherwise dismissed.

Orders

  • Conviction with respect to count 5 quashed.
  • Appeal in respect to counts 1 and 2 dismissed.