Regina v Harbulot [2003] NSWCCA 141

Regina v Harbulot [2003] NSWCCA 141

The Court held the complaint evidence was properly admitted, jury directions regarding hearsay were not required under s.165 in the circumstances, the summing-up was adequate and balanced, and there was no miscarriage of justice. Thus, the conviction stands.

Parties
Prosecution: Regina; Appellant/accused: Peter Raymond Harbulot
Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Post Trial
Outcome
Appeal dismissed
Legal Topics
Sexual Offences, Admissibility of Complaint Evidence, Hearsay, Jury Directions, Summoning Up Balance
Criminal Law Evidence Law Sexual Offences Admissibility of Complaint Evidence Hearsay Jury Directions Summoning Up Balance

Case Brief

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Parties

Regina

Prosecution

Peter Raymond Harbulot

Appellant/accused

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Post Trial

Legal Issues

  1. 1 Whether evidence of complaint was properly admitted
  2. 2 Whether s.165 Evidence Act warning was required
  3. 3 Whether summing-up was unbalanced to the detriment of the appellant

Ratio Decidendi

The Court held the complaint evidence was properly admitted, jury directions regarding hearsay were not required under s.165 in the circumstances, the summing-up was adequate and balanced, and there was no miscarriage of justice. Thus, the conviction stands.

Court Disposition

Appeal dismissed

Orders

  • Conviction affirmed
  • No order as to leave to appeal against sentence