District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Crossgrove (A Pseudonym) v R [2019] NSWDC 424 Hearing dates: 9, 11 and 12 April 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: Dismiss the appeal against conviction
Catchwords: CRIME – all grounds appeal – aggravated indecent assault – dentist assault of dental assistant – attempted kiss – slap on backside – grabbing shoulder – credit findings of Magistrate – tendency evidence – text messages – whether significant probative value Legislation Cited: Crimes (Appeal and Review) Act 2001, s 11, s 18, s 20
Evidence Act 1995, s 66, s 97, s 101Cases Cited: Charara v R (2006) 164 A Crim R 39; [2006] NSWCCA 244
Eades v DPP (NSW) (2010) 77 NSWLR 173
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
Johnson v Ramsden [2019] WASC 84
McPhillamy v R (2018) 361 ALR 13; [2018] HCA 52
R v Bauer (A Pseudonym) (2018) 359 ALR 359; [2018] HCA 40
Société d'Avances Commerciales (Société Anonyme Egyptienne) v Merchants' Marine Insurance Co (The "Palitana") (1924) 20 Ll L Rep 140Category: Principal judgment Parties: Paul Daniel Crossgrove (Appellant)
Regina (Respondent)Representation: Solicitors:
Johnston Vaughan Solicitors (Appellant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2017/236831 Publication restriction: NB: s 578A(2) of the Crimes Act 1900 applies to this matter – no publication of any matter which identifies any complainant or may lead to the identification of any complainant. As such pseudonyms have been used. Decision under appeal
- Court or tribunal:
- Local Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 31 August 2018
- Before:
- Magistrate D Covington
- File Number(s):
- 2017/236831
Judgment
Introduction
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Paul Daniel Crossgrove appeals from a decision of the Local Court convicting him of two charges of aggravated indecent assault and one charge of assault. All involve the same complainant, Melissa Thompson.
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Ms Thompson was a 19-year-old dental assistant who worked with Mr Crossgrove, a dentist. The element of aggravation in the two charges of indecent assault was Mr Crossgrove's position of authority as the sole dentist at the practice. This was not disputed by Mr Crossgrove.
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The appeal also raises a question about the value of tendency evidence.
The appeal
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The appeal against conviction in the Local Court is available under s 11 of the Crimes (Appeal and Review) Act 2001. This Court may determine the appeal against conviction by setting aside the conviction or dismissing the appeal. [1]
1. See s 20 of the Crimes (Appeal and Review) Act 2001.
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An appeal against conviction is to be by way of rehearing on the basis of evidence given in the original Local Court proceedings subject to exceptions not presently relevant. [2] That evidence comprises a transcript of the Local Court proceedings and a bundle of exhibits in that Court. The question to be determined is whether this Court is satisfied beyond reasonable doubt of the guilt of Mr Crossgrove on…
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- AGLC
- Crossgrove (a Pseudonym) v The Queen [2019] NSWDC 424
- Case
- [2019] NSWDC 424
- Decision Date
CaseChat Overview and Summary
The court also considered the probative value of the text messages exchanged between the parties prior to the incident. The appellant argued that the messages should not have been admitted as they did not have significant probative value. However, the court found that the messages were relevant to the appellant's state of mind and intentions at the time of the incident, and therefore had significant probative value. The court also rejected the appellant's argument that the evidence of his good character should have been admitted, finding that it was not relevant to the issues in the case. The court concluded that the magistrate's findings were open to him and that there was no error in his decision to credit the victim's evidence. The appeal against conviction was dismissed, and the appellant's conviction was upheld. The appeal against sentence was also dismissed.
Orders
Orders of the court
Dismiss the appeal against conviction
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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