ROWNEY v R [2007] NSWCCA 49

ROWNEY v R [2007] NSWCCA 49

The exclusion of the evidence concerning the note and conversations did not deprive the appellant of a chance of acquittal, as its content was either not favourable to the appellant or consistent with the complainant's testimony, and all key issues of credibility were fully before the jury. The verdicts were open to the jury on the whole of the evidence; no miscarriage of justice occurred.

Parties
Applicant: Douglas William Rowney; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Sexual Assault, Evidence Admissibility, Unreasonable Verdict, Delay in Complaint, Credibility of Witness
Criminal Law Sexual Assault Evidence Admissibility Unreasonable Verdict Delay in Complaint Credibility of Witness

Case Brief

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Parties

Douglas William Rowney

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting evidence of a note and conversations as to sexual activity concerning the complainant’s credibility
  2. 2 Whether the jury verdicts were unreasonable or unsupported by the evidence

Ratio Decidendi

The exclusion of the evidence concerning the note and conversations did not deprive the appellant of a chance of acquittal, as its content was either not favourable to the appellant or consistent with the complainant's testimony, and all key issues of credibility were fully before the jury. The verdicts were open to the jury on the whole of the evidence; no miscarriage of justice occurred.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed