Crossgrove (A Pseudonym) v R [2019] NSWDC 424

Crossgrove (A Pseudonym) v R [2019] NSWDC 424

The appeal was dismissed as the judge, considering the complainant's evidence, corroborating complaints, tendency evidence, and credit findings by the magistrate, was satisfied beyond reasonable doubt that each offence was committed by Mr Crossgrove. Tendency evidence had sufficient probative value in context and statutory requirements for admission and weight were met.

Parties
Appellant: Paul Daniel Crossgrove; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Aggravated Indecent Assault, Common Assault, Tendency Evidence, Credit Findings, Probative Value
Criminal Law Aggravated Indecent Assault Common Assault Tendency Evidence Credit Findings Probative Value

Case Brief

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Parties

Paul Daniel Crossgrove

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 whether aggravated indecent assault and common assault charges were proved beyond reasonable doubt
  2. 2 admissibility and probative value of tendency evidence
  3. 3 assessing complainant's credibility and consistency

Ratio Decidendi

The appeal was dismissed as the judge, considering the complainant's evidence, corroborating complaints, tendency evidence, and credit findings by the magistrate, was satisfied beyond reasonable doubt that each offence was committed by Mr Crossgrove. Tendency evidence had sufficient probative value in context and statutory requirements for admission and weight were met.

Court Disposition

appeal dismissed

Orders

  • The appeal against conviction is dismissed.