Pasoski v R

The case of Pasoski v R was heard by the Court of Criminal Appeal in New South Wales. The applicant, having been convicted, sought an extension of time to give notice of appeal against his conviction and an application for leave to appeal against his sentence. The application for an extension of time was not opposed, but the sufficiency of the affidavit supporting the extension was questionable. The legal issues before the court included the admissibility of "context" evidence, the trial judge's direction to the jury, and the appropriate sentence for the sexual assault committed.

The court considered the discretionary power to extend the time limit for giving notice of appeal, exercising this power with a view to the interests of justice. Regarding the "context" evidence, the court noted that the evidence of a poor relationship between the applicant and the complainant was not of prior sexual or other assaults against the complainant. The court held that the trial judge did not err in failing to give a specific direction as to the limited use to which this evidence could be put. The court also addressed the issue of the jury's failure to reach a unanimous decision on some charges and the trial judge's direction to allow a majority verdict. The court found that the failure to examine a juror on oath before giving this direction was not a ground for allowing the appeal.

The court further assessed whether the fact that the sexual assault occurred in the home was an aggravating factor, given that the applicant and the complainant resided together at the relevant time. The court found that this was indeed an aggravating factor. Finally, the court re-exercised its discretion to form its own judgment as to the appropriate aggregate sentence for the applicant, reassessing the sentence in light of the relevant statutory provisions. The court varied the sentence and made orders for the applicant to be re-sentenced.