R v Kesisyan [2003] NSWCCA 259
The appeal was dismissed because the trial judge's directions, including the Longman direction, adequately conveyed the necessary substance and were fair in the circumstances, and because Dr Parker's medical evidence was relevant to the complainant's credibility and admissible notwithstanding that it was not conclusive.
- Jurisdiction
- Australia
- Judgment Date
- 03 September 2003
- Procedural Posture
- Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- ['longman Direction' 'delayed Complaint in Sexual Offence Proceedings' 'credibility Evidence' 'admissibility of Medical Evidence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal
Legal Issues
- 1 ["Whether the trial judge's Longman direction was insufficient because it did not adequately address delay, the complainant's age, or the effect of delay on credibility." 'Whether the trial judge should have directed the jury that repetition of an alleged complaint does not convert a lie into truth.' 'Whether medical evidence from Dr Parker was inadmissible or should have been excluded.']
Ratio Decidendi
The appeal was dismissed because the trial judge's directions, including the Longman direction, adequately conveyed the necessary substance and were fair in the circumstances, and because Dr Parker's medical evidence was relevant to the complainant's credibility and admissible notwithstanding that it was not conclusive.
Court Disposition
Appeal dismissed.
Orders
- ['The appeal is dismissed.']
Full Case Text
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