Regina v Tillman [1999] NSWCCA 164

Regina v Tillman [1999] NSWCCA 164

The appeal against conviction failed because Dr Ingall's evidence was properly admitted and explained material already disclosed in his report, the trial judge correctly left the alternative verdict of attempted sexual intercourse to the jury, the jury received strong and sufficient warnings about the complainant's uncorroborated evidence, and the verdicts were open on the evidence and involved no miscarriage of justice.

Jurisdiction
Australia
Judgment Date
30 June 1999
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court
Outcome
Appeals against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
['sexual Intercourse With Child' 'attempted Sexual Intercourse With Child' 'disclosure and Use of Medical Evidence' 'alternative Statutory Verdict' 'jury Directions and Warnings' 'uncorroborated Evidence of a Child' 'miscarriage of Justice']
['criminal Law' 'evidence' 'criminal Procedure'] ['sexual Intercourse With Child' 'attempted Sexual Intercourse With Child' 'disclosure and Use of Medical Evidence' 'alternative Statutory Verdict' 'jury Directions and Warnings' 'uncorroborated Evidence of a Child' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether the Crown should have been permitted to rely on evidence of Dr Ingall said not to have been disclosed before trial to support a verdict of attempted sexual intercourse.' "Whether the trial judge misdirected the jury as to the use that could properly be made of Dr Ingall's evidence." "Whether the trial judge's directions sufficiently warned the jury about convicting on the uncorroborated evidence of a child aged 11." 'Whether the verdicts constituted a miscarriage of justice.']

Ratio Decidendi

The appeal against conviction failed because Dr Ingall's evidence was properly admitted and explained material already disclosed in his report, the trial judge correctly left the alternative verdict of attempted sexual intercourse to the jury, the jury received strong and sufficient warnings about the complainant's uncorroborated evidence, and the verdicts were open on the evidence and involved no miscarriage of justice.

Court Disposition

Appeals against conviction dismissed; leave to appeal against sentence refused.

Orders

  • ['Appeals against conviction dismissed.' 'Leave to appeal against sentence refused.']