NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
Jeffrey Wayne DAVIE v R [2008] NSWCCA 2
FILE NUMBER(S):
2006/5106
HEARING DATE(S):
10 December 2007
JUDGMENT DATE:
29 January 2008
PARTIES:
Jeffrey Wayne Davie
Regina
JUDGMENT OF:
Grove J Simpson J Barr J
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
05/31/0296
LOWER COURT JUDICIAL OFFICER:
Coolahan DCJ
LOWER COURT DATE OF DECISION:
21 September 2006
COUNSEL:
H Dhanji (Appellant)
D Woodburne (Crown)
SOLICITORS:
Burke and Elphick Lawyers (Appellant)
Solicitor for Public Prosecutions (Crown)
CATCHWORDS:
CRIMINAL LAW - appeal against conviction - objections not taken at trial - evidence of complaint - miscarriage of justice - DNA evidence - jury making a finding of guilt on one or more counts in the indictment when considering any other count in the indictment
LEGISLATION CITED:
Criminal Appeal Act 1912
Evidence Act 1995
CASES CITED:
R v Abusafiah (1991) 24 NSWLR 531
Papakosmas v The Queen (1999) 196 CLR 297
Domican v The Queen (1992) 173 CLR 555
R v TJF [2001] NSWCCA 127
R v GK (2001) 125 A Crim R 351
R v Markulevski (2001) 52 NSWLR 82
TEXTS CITED:
DECISION:
Appeal dismissed
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2006/5106
GROVE J
SIMPSON J
BARR J29 JANUARY 2008
JEFFREY WAYNE DAVIE v REGINA
Judgment
GROVE J: I agree with Barr J.
SIMPSON J: I agree with Barr J.
BARR J: This is an appeal against convictions entered in the District Court after a trial by jury. The appellant, Jeffrey Wayne Davie, was convicted of three offences. The first was constituted by an act of fellatio on a boy under the age of ten years, namely of nine years of age. The second was an indecent assault on the same boy, constituted by pushing back the boy’s foreskin. The third was constituted by an act of indecency, namely exposing his penis to the same boy.
On 25 May 2005 the complainant went with his mother to premises in a Newcastle suburb to watch a game of football on television. The premises comprised a common room where everybody gathered and where the television set was. A door led off that room into the men’s toilets, where there was a change room, a shower and lockers. A further door led through to a urinal. The complainant left the company of his mother and went through and used the urinal. While he was in there he spoke to a man he had encountered earlier in the evening and they talked about having a game of pool. As the complainant made to leave the urinal the appellant, who was not the man the complainant had just spoken to, whispered to him, telling him to go with him because he wanted to tell him a secret. He had spoken to the complainant earlier in the evening. He told the complainant that there was another way to play pool, took him by the arm and led him into a cubicle. The man spoke…
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- AGLC
- Jeffrey Wayne Davie v The Queen [2008] NSWCCA 2
- Case
- [2008] NSWCCA 2
- Decision Date
CaseChat Overview and Summary
The Court found that the trial judge had correctly exercised their discretion in admitting evidence of a complaint by another complainant. This evidence was relevant to the character of the accused and the circumstances of the alleged offences. The Court held that such evidence could be admissible where it assists in understanding the context of the charges. Regarding the sufficiency of the evidence, the Court found that the jury's verdict was safe and satisfactory. The jury had been properly directed on the law, and the evidence, including the testimony of the complainants, was sufficient to support the guilty verdicts. The absence of DNA evidence did not undermine the reliability of the jury's decision, as the totality of the evidence led to a conviction that was beyond reasonable doubt.
The Court dismissed the appeal and affirmed Davie's convictions. The jury's verdicts were upheld, and the trial judge's handling of the evidence was found to be within the bounds of acceptable judicial discretion. The appeal was thus unsuccessful, and Davie's convictions were confirmed.
Orders
Orders of the court
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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
Established by: GROVE J
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