R v WJT [2001] NSWCCA 405
The trial judge did not err in refusing a permanent stay, admitting and directing on complaint and relationship evidence, or excluding evidence of financial circumstances. The application of s409B was appropriate on the record available. The verdicts were open to the jury and supported by the evidence. No appellate intervention is warranted.
- Parties
- Respondent: Regina; Appellant: WJT
- Jurisdiction
- Australia
- Judgment Date
- 08 October 2001
- Procedural Posture
- Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Sexual Offences, Evidence of Complaint, Relationship Evidence, Delay in Complaint, Jury Directions, Admissibility of Evidence, Application for Permanent Stay
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
WJT
Appellant
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in not staying the indictment due to delay, vagueness, and uncertainty in the allegations
- 2 Whether evidence of complaint was properly admitted
- 3 Whether directions to the jury regarding complaint and relationship evidence were adequate
Ratio Decidendi
The trial judge did not err in refusing a permanent stay, admitting and directing on complaint and relationship evidence, or excluding evidence of financial circumstances. The application of s409B was appropriate on the record available. The verdicts were open to the jury and supported by the evidence. No appellate intervention is warranted.
Court Disposition
Appeal dismissed
Orders
- Appeal against conviction dismissed
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