NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
Jones v R [2010] NSWCCA 117
FILE NUMBER(S):
2008/6200
HEARING DATE(S):
17 May 2010
JUDGMENT DATE:
4 June 2010
PARTIES:
Stephen Reginald Jones (Applicant)
Regina (Respondent)
JUDGMENT OF:
McClellan CJatCL Simpson J RA Hulme J
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
2008/6200
LOWER COURT JUDICIAL OFFICER:
Neilson DCJ
LOWER COURT DATE OF DECISION:
28 August 2009
COUNSEL:
Mr R Button SC (Applicant)
Ms M Cinque (Respondent)
SOLICITORS:
Legal Aid Commission
Solicitor for Public Prosecutions
CATCHWORDS:
CRIMINAL LAW
appeal against conviction
sexual assault and larceny
verdicts unreasonable or cannot be supported
no question of principle
LEGISLATION CITED:
Criminal Appeal Act 1912
CATEGORY:
Principal judgment
CASES CITED:
Dodds v R [2009] NSWCCA 78
R v Appellant W, Court of Criminal Appeal, 9 March 1990, unreported
R v Sloane [2001] NSWCCA 421; 126 A Crim R 188
TEXTS CITED:
Who is telling the truth? Psychology, common sense and the law, McClellan CJ at CL, (2006) 80 ALJ 655
DECISION:
Leave to appeal granted. Appeal allowed. Convictions quashed. Verdicts of acquittal entered.
PUBLICATION RESTRICTION:
Non-publication in respect of identification of complainant, WA (s 578A Crimes Act 1900) and the witness AF (s 15A Children (Criminal Proceedings) Act 1987.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2008/6200
McCLELLAN CJ at CL
SIMPSON J
R A HULME J4 June 2010
Stephen Reginald JONES v Regina
Judgment
McCLELLAN CJ at CL: I agree with R A Hulme J.
SIMPSON J: I agree with R A Hulme J.
R A HULME J: This is an application for leave to appeal against conviction pursuant to s 5(1)(b) Criminal Appeal Act 1912. The applicant was arraigned before his Honour Judge Neilson and a jury in the District Court at Campbelltown upon an indictment alleging three offences.
The first count alleged that between 17 and 20 February 2007 at Merrylands he had sexual intercourse with WA without her consent, knowing that she was not consenting. The second count alleged that on 19 February 2007 he stole $100 from WA. The third count alleged that on 19 February 2007 he attempted to have sexual intercourse with WA without her consent, knowing that she was not consenting.
On 6 May 2009 the jury returned verdicts of guilty in respect of the first two counts and not guilty in respect of the third count. The applicant was subsequently sentenced to terms of imprisonment. He seeks leave to appeal against the convictions on a single ground, namely that the verdicts should be set aside on the ground that they are unreasonable, or cannot be supported, having regard to the evidence. There is no application for leave to appeal against sentence.
Overview of the prosecution and defence cases
The prosecution case was that the applicant and WA met on the morning of Sunday 18 February 2007 at a liquor store in Merrylands. WA accepted an invitation from the applicant to return to his room in a boarding house for the purpose of having…
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- AGLC
- Jones v The Queen [2010] NSWCCA 117
- Case
- [2010] NSWCCA 117
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the verdicts were unreasonable in the circumstances, and whether there was any error in the process which led to the convictions. The court examined the evidence presented at trial and the reasoning of both the trial and appellate courts in reaching their decisions. The appellant argued that the trial court had erred in failing to consider all the evidence and in not properly weighing the evidence against the appellant.
The court held that the verdicts were not unreasonable and could be supported by the evidence. The court found that the trial court had properly considered the evidence and had not erred in any way that would lead to an unsafe and unsatisfactory result. The court also found that there was no question of principle that required the attention of the court. The appeal was dismissed, and the convictions were upheld.
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: CLELLAN CJ
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