Regina -v- White [1999] NSWCCA 336

Regina -v- White [1999] NSWCCA 336

The appeal against conviction failed because the trial judge adequately explained the permissible purpose of the coincidence evidence admitted under S 98 and no further direction about impermissible S 97 use was required in the circumstances; the admission of YEJ's prior sexual assault evidence caused no substantial miscarriage of justice; Ms Kelly's complaint evidence was not objectionable on appeal because trial counsel deliberately allowed it for tactical advantage; and no sentencing error was shown in setting an additional term below the usual statutory ratio.

Jurisdiction
Australia
Judgment Date
29 October 1999
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After District Court Jury Convictions and Sentence
Outcome
Appeal against conviction dismissed. Leave to appeal against sentence granted and appeal dismissed.
Legal Topics
['sexual Offences' 'coincidence Evidence' 'tendency Evidence' 'complaint Evidence' 'miscarriage of Justice Proviso' 'minimum and Additional Terms']
['criminal Law' 'evidence' 'sentencing' 'criminal Procedure'] ['sexual Offences' 'coincidence Evidence' 'tendency Evidence' 'complaint Evidence' 'miscarriage of Justice Proviso' 'minimum and Additional Terms']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After District Court Jury Convictions and Sentence

Legal Issues

  1. 1 ['Whether the trial judge erred by failing to direct, or by giving inadequate and misleading directions to, the jury about impermissible use of coincidence evidence tendered by the Crown.' 'Whether a miscarriage of justice was caused by admission of evidence from YEJ that she had been the victim of a sexual assault when she was six years old.' 'Whether the trial judge erred in admitting the complaint evidence of Ms Kelly.' 'Whether the sentencing judge erred by imposing an additional term less than the ratio referred to in S 5(2) of the Sentencing Act, 1989.']

Ratio Decidendi

The appeal against conviction failed because the trial judge adequately explained the permissible purpose of the coincidence evidence admitted under S 98 and no further direction about impermissible S 97 use was required in the circumstances; the admission of YEJ's prior sexual assault evidence caused no substantial miscarriage of justice; Ms Kelly's complaint evidence was not objectionable on appeal because trial counsel deliberately allowed it for tactical advantage; and no sentencing error was shown in setting an additional term below the usual statutory ratio.

Court Disposition

Appeal against conviction dismissed. Leave to appeal against sentence granted and appeal dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted and the appeal dismissed.']