R v. Shillingsworth [2003] NSWCCA 272

R v. Shillingsworth [2003] NSWCCA 272

The trial judge’s directions adequately addressed the legal elements of break and enter and properly explained the use of evidence regarding the complainant’s distress and inconsistencies. The appeal grounds did not disclose error or miscarriage of justice. The sentence, given the gravity of the offence and the personal circumstances of the appellant, was not manifestly excessive.

Parties
Appellant: Richard Frederick Brian Shillingsworth; Respondent: Regina
Jurisdiction
Australia
Judgment Date
26 September 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
Break and Enter, Sexual Assault, Mens Rea, Credibility of Complainant, Sentencing Severity
Criminal Law Break and Enter Sexual Assault Mens Rea Credibility of Complainant Sentencing Severity

Case Brief

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Parties

Richard Frederick Brian Shillingsworth

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 whether the trial judge erred in directing the jury on the elements and mens rea of break and enter
  2. 2 whether the trial judge erred in addressing inconsistencies and distress in the complainant's evidence
  3. 3 whether the sentence imposed was manifestly excessive

Ratio Decidendi

The trial judge’s directions adequately addressed the legal elements of break and enter and properly explained the use of evidence regarding the complainant’s distress and inconsistencies. The appeal grounds did not disclose error or miscarriage of justice. The sentence, given the gravity of the offence and the personal circumstances of the appellant, was not manifestly excessive.

Court Disposition

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

Orders

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