Legg v The Queen

[2013] NSWCCA 74

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Legg v R [2013] NSWCCA 74

Hearing dates:

21/03/2013

Decision date:

21 March 2013

Before:

Basten JA; Simpson J; Blanch J

Decision:

(1) Appeal allowed.

(2) Conviction quashed.

(3) New trial ordered.

Catchwords:

CRIMINAL LAW - appeal against conviction - first ground of appeal conceded - appeal allowed - conviction quashed and new trial ordered

Legislation Cited:

Crimes Act 1900

Category:

Principal judgment

Parties:

Christopher David Legg (Applicant)
Regina (Respondent)

Representation:

Counsel:
T Gartelmann (Applicant)
M M Cinque (Respondent)
Solicitors:
Tully & Chiper Lawyers (Applicant)
S Kavanagh - Solicitor for Public Prosecutions (Respondent)

File Number(s):

2009/202060

Publication restriction:

Non publication of any information or material that may lead to the identification of the complainant (s 15A Children (Criminal Proceedings) Act 1987)

 Decision under appeal 

Jurisdiction:

9101

Date of Decision:

2011-11-16 00:00:00

Before:

Nicholson DCJ

File Number(s):

2009/202060

Judgment

1. THE COURT (DELIVERED BY SIMPSON J): The appellant appeals against his conviction on 11 November 2011 in respect of a charge of persistent sexual abuse of a child brought under s 66EA(1) of the Crimes Act 1900. Four grounds of appeal were identified, the most substantial of which (that the verdict was unreasonable) was at the hearing abandoned.

1. The first ground of appeal concerns the procedures undertaken by the trial judge in allowing the complainant to give unsworn evidence. Detailed submissions concerning this ground were placed in writing before the Court and the Crown has conceded that the ground is substantiated and that, as a result, the appeal against conviction should be allowed, the conviction quashed and a new trial ordered. That being the case counsel for the appellant did not seek to press the remaining pleaded grounds.

1. All members of the Court have read the written submissions and the concession made by the Crown and are satisfied that the concession is properly made and ought to be accepted by the Court.

1. Accordingly, the orders of the Court are the appeal is allowed, the conviction is quashed and a new trial is ordered.

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Decision last updated: 08 February 2016