REGINA v CHENEY [1999] NSWCCA 312

REGINA v CHENEY [1999] NSWCCA 312

Except for count 4, the appellant failed to show error in the trial or that the verdicts were unsafe. The evidence supported the inference that the appellant used a revolver to prevent lawful detention, the directions on count 7 were adequate, the medical and complainant evidence permitted the jury to find penile penetration on count 12, the restrictions on cross-examination and the admission of reply evidence and oral admissions were within principle, and the summing up was not unfair. Count 4 charged no offence known to law because the particularised felony was common assault, a misdemeanour at common law. On sentence, the kidnapping on count 8 was within the worst category and...

Jurisdiction
Australia
Judgment Date
07 October 1999
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; appeal upheld; sentences quashed and substituted.
Legal Topics
['sexual Assault' 'kidnapping' 'use Offensive Weapon to Prevent Lawful Apprehension or Detention' 'directions to Jury' 'cross Examination About Alternative Suspect' 'crown Evidence in Reply' 'oral Admissions' 'unsafe and Unsatisfactory Verdicts' 'worst Type of Case' 'totality of Sentence' 'fixed Terms']
['criminal Law' 'sentencing' 'evidence'] ['sexual Assault' 'kidnapping' 'use Offensive Weapon to Prevent Lawful Apprehension or Detention' 'directions to Jury' 'cross Examination About Alternative Suspect' 'crown Evidence in Reply' 'oral Admissions' 'unsafe and Unsatisfactory Verdicts' 'worst Type of Case' 'totality of Sentence' 'fixed Terms']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in refusing to direct an acquittal on count 7 for use of an offensive weapon with intent to prevent lawful apprehension or detention.' 'Whether the directions on the elements of count 7 were defective.' 'Whether the trial judge erred in failing to direct an acquittal on count 12 for penile penetration of A.' 'Whether count 4 charged an offence not known to law.' 'Whether the trial judge wrongly restricted cross-examination about Jamie Sager as the true offender.' 'Whether the trial judge erred in allowing the Crown to call evidence in reply.' 'Whether alleged oral admissions by the appellant should have been excluded.' 'Whether the summing up lacked balance and fairness.' 'Whether the verdicts were unsafe and unsatisfactory.' 'Whether the sentence, particularly the fixed term of twenty years on count 8 for kidnapping, should be varied having regard to worst category and totality principles.']

Ratio Decidendi

Except for count 4, the appellant failed to show error in the trial or that the verdicts were unsafe. The evidence supported the inference that the appellant used a revolver to prevent lawful detention, the directions on count 7 were adequate, the medical and complainant evidence permitted the jury to find penile penetration on count 12, the restrictions on cross-examination and the admission of reply evidence and oral admissions were within principle, and the summing up was not unfair. Count 4 charged no offence known to law because the particularised felony was common assault, a misdemeanour at common law. On sentence, the kidnapping on count 8 was within the worst category and...

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; appeal upheld; sentences quashed and substituted.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal upheld.' 'Sentences of his Honour Judge Kirkham quashed.' 'In lieu thereof the following sentences be substituted: Count 1: a minimum term of two years penal servitude commencing 22 June 2010 and expiring 21 June 2012, with...