R v McSmith [2002] NSWCCA 68

The unexpected introduction of evidence of uncharged sexual assaults warranted discharge of the jury, and in light of the Crown's concession, the appeal should be upheld and a new trial ordered.

Parties: Respondent: Regina (NSW); Appellant: Steven McSmith
Jurisdiction: Australia
Judgment Date: 14 March 2002
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence; Judgment on Appeal
Outcome: Appeal upheld; convictions and sentences quashed; new trial ordered on counts 1, 2 and 3; bail continued on current conditions.
Legal Topics: Sexual Assault, Assault With Act of Indecency, Relationship Evidence, Amendment of Particulars, Admissibility of Reports in Family Court Proceedings

Criminal Law Sexual Assault Assault With Act of Indecency Relationship Evidence Amendment of Particulars Admissibility of Reports in Family Court Proceedings

Case Brief

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Parties

Regina (NSW)

Respondent

Steven McSmith

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence; Judgment on Appeal

Legal Issues

1 Whether admission of uncharged sexual assaults as relationship evidence was proper
2 Whether the trial judge erred in allowing Crown to amend particulars of counts
3 Admissibility of reports tendered in Family Court proceedings for cross-examination

Ratio Decidendi

The unexpected introduction of evidence of uncharged sexual assaults warranted discharge of the jury, and in light of the Crown's concession, the appeal should be upheld and a new trial ordered.

Court Disposition

Appeal upheld; convictions and sentences quashed; new trial ordered on counts 1, 2 and 3; bail continued on current conditions.

Orders

Convictions and sentences quashed.
New trial ordered on counts 1, 2 and 3.