ROSENBURG Joseph v R [2008] NSWDC 372

ROSENBURG Joseph v R [2008] NSWDC 372

The appellant's palm print on the exterior bedroom windowsill placed him at the very location where the two girls saw and spoke with the man. His alternative explanation for the palm print did not ring true and his answers to police were evasive. Although the girls did not identify him from photographs, the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 August 2008
Procedural Posture
Criminal Appeal Against Conviction / Appeal in the District Court of New South Wales From Convictions and Sentence Imposed by a Magistrate
Outcome
Appeal dismissed; convictions and sentences confirmed.
Legal Topics
['appeal Against Conviction' 'unlawful Entry on Inclosed Lands' 'loitering by Convicted Child Sexual Offender' 'fingerprint Evidence' 'identification Evidence']
['criminal Law'] ['appeal Against Conviction' 'unlawful Entry on Inclosed Lands' 'loitering by Convicted Child Sexual Offender' 'fingerprint Evidence' 'identification Evidence']

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Procedural Posture

Criminal Appeal Against Conviction / Appeal in the District Court of New South Wales From Convictions and Sentence Imposed by a Magistrate

Legal Issues

  1. 1 ["Whether the appellant's convictions for entering inclosed lands without lawful excuse and loitering in or near a public place frequented by children should be set aside." "Whether the evidence, including the appellant's palm print on the bedroom windowsill and the evidence of the two girls, proved guilt beyond reasonable doubt despite the girls not identifying him from photographs and despite his explanations."]

Ratio Decidendi

The appellant's palm print on the exterior bedroom windowsill placed him at the very location where the two girls saw and spoke with the man. His alternative explanation for the palm print did not ring true and his answers to police were evasive. Although the girls did not identify him from photographs, the fingerprint evidence identified him more reliably, and the evidence as a whole proved his guilt beyond reasonable doubt.

Court Disposition

Appeal dismissed; convictions and sentences confirmed.

Orders

  • ['The appeal is dismissed.' 'The conviction and the sentence of three months imprisonment to commence on 27 July 2007 imposed by the learned Magistrate in relation to the second offence are confirmed.' 'The fine of $250 and $70 court costs for the first offence are confirmed.']