Regina v Mills [2003] NSWCCA 145

Regina v Mills [2003] NSWCCA 145

The appeal failed because, although the trial judge's directions as to delay missed the point to some extent and did not go far enough, the circumstances did not require a Longman, Crampton or Doggett direction. The delays for counts 5, 6 and 7 were not significant and the incidents were fairly readily pinpointed; count 4 was identified by approximate date and place and the detail supplied did not show significant disadvantage to the appellant. Reading the summing-up as a whole, the jury was adequately instructed about the complainant's age, unsworn evidence, delayed complaint, and the need for caution where the Crown case depended on the complainant's evidence. Leave to appeal against...

Jurisdiction
Australia
Judgment Date
28 May 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
['child Sexual Offences' 'indecent Assault' 'sexual Intercourse With a Person Under 10 Years' 'delay in Complaint' 'jury Directions' 'unsworn Evidence of a Child' 'longman Warning' 'appeal Against Conviction' 'leave to Appeal Against Sentence']
['criminal Law' 'evidence' 'criminal Procedure'] ['child Sexual Offences' 'indecent Assault' 'sexual Intercourse With a Person Under 10 Years' 'delay in Complaint' 'jury Directions' 'unsworn Evidence of a Child' 'longman Warning' 'appeal Against Conviction' 'leave to Appeal Against Sentence']

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 trial judge erred in summing-up by giving an insufficient direction as to delay by the complainant in reporting her claims and allegations.' 'Whether the circumstances required a direction in terms of Longman v The Queen, Crampton v The Queen and Doggett v The Queen.' "Whether the summing-up was adequate given the complainant's age, unsworn evidence, delay in complaint, limited supporting evidence and the Crown case depending on the complainant's evidence."]

Ratio Decidendi

The appeal failed because, although the trial judge's directions as to delay missed the point to some extent and did not go far enough, the circumstances did not require a Longman, Crampton or Doggett direction. The delays for counts 5, 6 and 7 were not significant and the incidents were fairly readily pinpointed; count 4 was identified by approximate date and place and the detail supplied did not show significant disadvantage to the appellant. Reading the summing-up as a whole, the jury was adequately instructed about the complainant's age, unsworn evidence, delayed complaint, and the need for caution where the Crown case depended on the complainant's evidence. Leave to appeal against...

Court Disposition

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

Orders

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