REGINA v SKENE [2000] NSWCCA 322

REGINA v SKENE [2000] NSWCCA 322

The misdirection by the trial judge regarding the use of evidence of uncharged sexual activity was corrected by subsequent redirection, which confined its use to relevant counts and complied with accepted formulas, thus no miscarriage of justice occurred; sentencing decisions were within judicial discretion and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
25 August 2000
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction dismissed; Leave to appeal against sentence allowed; Appeal against sentence dismissed.
Legal Topics
['sexual Assault' 'indecency' 'homosexual Intercourse' 'evidence' 'sentencing' 'appeals']
['criminal Law'] ['sexual Assault' 'indecency' 'homosexual Intercourse' 'evidence' 'sentencing' 'appeals']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ['Whether the jury was misdirected regarding evidence of uncharged sexual activity' 'Whether the jury instructions on categories of evidence and permissible use were inadequate' 'Whether the summing up lacked balance, causing unfair prejudice' 'Whether the trial judge erred in failing to find special circumstances for sentencing' 'Whether the penalty imposed was manifestly excessive']

Ratio Decidendi

The misdirection by the trial judge regarding the use of evidence of uncharged sexual activity was corrected by subsequent redirection, which confined its use to relevant counts and complied with accepted formulas, thus no miscarriage of justice occurred; sentencing decisions were within judicial discretion and not manifestly excessive.

Court Disposition

Appeal against conviction dismissed; Leave to appeal against sentence allowed; Appeal against sentence dismissed.

Orders

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