Regina v Roger William MITTON [2002] NSWCCA 124

Regina v Roger William MITTON [2002] NSWCCA 124

Any imperfection in the direction regarding recklessness was not material in this case, as recklessness was not truly in issue given the defence was consent; the directions as a whole conveyed the essential requirements for conviction and no substantial miscarriage of justice occurred.

Parties
Appellant: Roger William Mitton; Respondent: Regina
Jurisdiction
Australia
Judgment Date
30 July 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Severity of Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against severity of sentence dismissed.
Legal Topics
Sexual Offences, Jury Directions, Mental Element, Recklessness, Appeal Against Conviction, Miscarriage of Justice
Criminal Law Sexual Offences Jury Directions Mental Element Recklessness Appeal Against Conviction Miscarriage of Justice

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Parties

Roger William Mitton

Appellant

Regina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the mental element required for the offence of sexual intercourse without consent under Crimes Act 1900 s 61I
  2. 2 Whether the directions on recklessness as to consent were adequate and appropriate
  3. 3 Whether any misdirection led to a miscarriage of justice warranting quashing the conviction

Ratio Decidendi

Any imperfection in the direction regarding recklessness was not material in this case, as recklessness was not truly in issue given the defence was consent; the directions as a whole conveyed the essential requirements for conviction and no substantial miscarriage of justice occurred.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against severity of sentence dismissed.

Orders

  • The appeal against conviction be dismissed.
  • The application for leave to appeal against the severity of the sentences imposed be dismissed.