Giovanni Romano v R (a pseudonym) [2019] NSWCCA 49

Giovanni Romano v R (a pseudonym) [2019] NSWCCA 49

Neither the trial judge’s direction nor sentence structure occasioned a miscarriage of justice. The direction to disregard evidence or submission about other alleged non-consensual sexual activity was appropriate in context and, if erroneous, was favourable to the appellant. The aggregate sentence reflected total...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 March 2019
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction and sentence granted; appeals dismissed
Legal Topics
['appeal Against Conviction' 'sexual Assault' 'directions to Jury' 'aggregate Sentencing' 'sentence Structure' 'rape Shield Provisions']
['criminal Law'] ['appeal Against Conviction' 'sexual Assault' 'directions to Jury' 'aggregate Sentencing' 'sentence Structure' 'rape Shield Provisions']

Source-derived case record

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether the trial judge's direction to the jury occasioned a miscarriage of justice by undermining the defence address" 'Whether the trial judge failed to consider concurrency in sentencing structure']

Ratio Decidendi

Neither the trial judge’s direction nor sentence structure occasioned a miscarriage of justice. The direction to disregard evidence or submission about other alleged non-consensual sexual activity was appropriate in context and, if erroneous, was favourable to the appellant. The aggregate sentence reflected total criminality and partial concurrency; there was proper consideration of sentencing discretion.

Court Disposition

Leave to appeal against conviction and sentence granted; appeals dismissed

Orders

  • ['Leave to appeal against conviction granted.' 'Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']