LP v Regina [2013] NSWCCA 330

LP v Regina [2013] NSWCCA 330

The appeal was dismissed because the verdicts on the five counts were open to the jury on the evidence; the evidence challenged under s 137 of the Evidence Act was properly admitted; and the exclusion of parts of the mother's statement was a legitimate forensic decision not amounting to a miscarriage of justice.

Parties
Appellant: LP; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 December 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Appeal Against Conviction, Unreasonable Verdicts, Exclusion of Evidence, Miscarriage of Justice, Sexual Offences, Credibility of Witnesses, Section 137 Evidence Act, Inconsistent Verdicts
Criminal Law Appeal Against Conviction Unreasonable Verdicts Exclusion of Evidence Miscarriage of Justice Sexual Offences Credibility of Witnesses Section 137 Evidence Act +1 more

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Parties

LP

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether verdicts were unreasonable or unsupported by the evidence
  2. 2 Whether evidence of an alleged admission to the complainant's husband should have been excluded under s 137 of the Evidence Act 1995
  3. 3 Whether evidence of statements by mother of complainant excluded by consent ought to have been admitted

Ratio Decidendi

The appeal was dismissed because the verdicts on the five counts were open to the jury on the evidence; the evidence challenged under s 137 of the Evidence Act was properly admitted; and the exclusion of parts of the mother's statement was a legitimate forensic decision not amounting to a miscarriage of justice.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Pursuant to s 28A of the Criminal Appeal Act 1912, the sentences imposed upon the appellant by Norrish DCJ on 21 September 2012 are specified to commence as follows: (a) the sentence of imprisonment for 18 months imposed in respect of count 1 will commence on 23 December 2013 and expire on 22 June 2015; (b) the...