REGINA v S [2003] NSWCCA 122

REGINA v S [2003] NSWCCA 122

The appeal was allowed because the trial judge wrongly prevented the appellant from giving evidence explaining a damaging police admission that he had asked the complainant to put on the denim dress on the day in question. That admission contradicted the defence case that the complainant had not entered the house and bore on the central issue, the competing credibility of the complainant and the appellant. Because the excluded explanation might have affected the jury's assessment and the Court could not conclude that conviction was inevitable, the proviso was not applied.

Jurisdiction
Australia
Judgment Date
05 May 2003
Procedural Posture
Criminal Appeal Against Conviction and Sentence for Aggravated Sexual Assault / Appeal to the New South Wales Court of Criminal Appeal From the District Court
Outcome
Appeal allowed. Conviction and sentence set aside. New trial ordered.
Legal Topics
['aggravated Sexual Assault' 'motive to Fabricate' 'cross Examination on Previous Representations' 'evidence Act 1995 S44' 'judicial Criticism of Counsel' 'exclusion of Evidence' 'proviso on Criminal Appeal' 'complaint Evidence' 'medical Evidence']
['criminal Law' 'evidence' 'criminal Procedure'] ['aggravated Sexual Assault' 'motive to Fabricate' 'cross Examination on Previous Representations' 'evidence Act 1995 S44' 'judicial Criticism of Counsel' 'exclusion of Evidence' 'proviso on Criminal Appeal' 'complaint Evidence' 'medical Evidence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence for Aggravated Sexual Assault / Appeal to the New South Wales Court of Criminal Appeal From the District Court

Legal Issues

  1. 1 ['Whether the trial judge erred in excluding evidence said to show the complainant had a motive to fabricate a false allegation of sexual assault.' 'Whether Donna Singleton could be cross-examined about the contents of a previous representation made by the complainant under Evidence Act 1995 s44.' 'Whether the trial judge erred in declining to direct the jury that defence counsel had not acted improperly.' 'Whether the trial judge erred in excluding evidence explaining why the appellant answered "Yes" when asked by police about the denim dress.' "Whether the trial judge's directions concerning the evidence of Dr Kennedy were unbalanced or erroneous." 'Whether the proviso in s 6(1) of the Criminal Appeal Act should be applied.']

Ratio Decidendi

The appeal was allowed because the trial judge wrongly prevented the appellant from giving evidence explaining a damaging police admission that he had asked the complainant to put on the denim dress on the day in question. That admission contradicted the defence case that the complainant had not entered the house and bore on the central issue, the competing credibility of the complainant and the appellant. Because the excluded explanation might have affected the jury's assessment and the Court could not conclude that conviction was inevitable, the proviso was not applied.

Court Disposition

Appeal allowed. Conviction and sentence set aside. New trial ordered.

Orders

  • ['Appeal allowed.' 'Conviction and sentence set aside.' 'Order new trial.']