R v Cook

Case [2004] NSWCCA 52


CITATION: R v Cook [2004] NSWCCA 52 revised - 18/03/2004
HEARING DATE(S): 27 February 2004
JUDGMENT DATE:
12 March 2004
JUDGMENT OF: Ipp JA at 1; Simpson J at 2; Adams J at 73
DECISION: Appeal against conviction allowed, verdict of guilty set aside, new trial ordered
CATCHWORDS: appeal against conviction - leave to appeal against sentence - threatening to inflict actual bodily harm by means of an offensive weapon with intent to have sexual intercourse - admission of evidence of flight - directions regarding consciousness of guilt - lies - the proviso to s6(1) of the Criminal Appeal Act 1912
LEGISLATION CITED: Crimes Act 1900 (NSW) s61K(b)
Criminal Appeal Act 1912 s61
Evidence Act 1995 (NSW) s137
CASES CITED: Edwards v The Queen (1993) 178 CLR 193
R v Bridgman (1980) 24 SASR 278
R v Fowler [2000] NSWCCA 142, unreported, 23 May 2000
R v Heyde (1990) 20 NSWLR 234
R v Lucas [1981] 1 QB 720
R v Melrose [1989] 1QdR 572; (1987) 30 A Crim R 332
R v Power (1996) 87 A Crim R 407 (Court of Criminal Appeal, South Australia)
R V Sutton (1986) 5 NSWLR 697
R v Taranto [1999] NSWCCA 396, unreported, 16 December 1999
Wilde v The Queen (1988) 164 CLR 365
Zoneff v The Queen [2000] HCA 23; 200 CLR 234

PARTIES :

Crown - Respondent
Daryl Norman Stanley Cook - Appellant
FILE NUMBER(S): CCA 60166/03
COUNSEL: B Knox SC - Crown
CB Craigie SC - Appellant
SOLICITORS: S Kavanagh - Crown
M Wells - Appellant
LOWER COURTJURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 01/31/0202
LOWER COURT
JUDICIAL OFFICER :
Mahoney ADCJ


                          60166/03

                          IPP JA
                          SIMPSON J
                          ADAMS J

                          Friday 12 March 2004
REGINA v Daryl Norman Stanley COOK
Judgment

1 IPP JA: I agree with Simpson J.

2 SIMPSON J: On 19 July 2002, following a two week trial by jury in the District Court in Sydney, the appellant was convicted on an indictment which charged him with the offence of threatening to inflict actual bodily harm by means of an offensive weapon with intent to have sexual intercourse, a charge brought under s61K(b) of the Crimes Act 1900. On 20 November 2002 he was sentenced to imprisonment for twelve years with a non-parole period of 9 years, to commence on 12 July 2001. The appellant appeals against conviction and seeks leave to appeal against the sentence.


      the Crown case

3 The Crown case was that on the evening of 5 April 2001, the complainant, a female then aged seventeen, went with a group of friends to various locations in and around Port Macquarie. During the course of the evening they consumed some alcohol. At about 12.30 am on the morning of 6 April the complainant was with friends in front of a kebab shop in the town. The appellant was present in the vicinity, although not part of the complainant’s group. The complainant was introduced to him by an employee of the kebab shop,…

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AGLC
R v Cook [2004] NSWCCA 52
Case
[2004] NSWCCA 52
Decision Date

CaseChat Overview and Summary

The case of R v Cook involved the appellant, who was convicted of several serious criminal offences, including threatening to inflict actual bodily harm by means of an offensive weapon with intent to have sexual intercourse, and was subsequently sentenced. The appellant appealed against both the conviction and the sentence. The court was tasked with determining whether the conviction was safe and whether the sentence was appropriate, and it was also required to consider the admissibility of evidence pertaining to flight, directions regarding consciousness of guilt, and the appellant's lies.

The primary legal issues the court had to address were whether the evidence presented was sufficient to support the conviction, whether the trial judge erred in admitting certain evidence and providing certain directions, and whether the sentence imposed was excessive. Specifically, the court needed to assess whether the evidence of flight, consciousness of guilt, and the appellant's lies were properly admitted and whether the trial judge's directions to the jury regarding these matters were correct. Additionally, the court had to consider whether the sentence was manifestly excessive and whether it should grant leave to appeal against the sentence.

The court determined that the conviction was safe and that the evidence was sufficient to support it. Regarding the admission of evidence of flight, the court found that the trial judge had not erred in admitting this evidence, as it was relevant to the appellant's consciousness of guilt. The court also concluded that the trial judge's directions to the jury were appropriate. Concerning the sentence, the court held that while the sentence was severe, it was not manifestly excessive. However, the court granted leave to appeal against the sentence due to the nature of the offences and the need for consistency in sentencing.

The court ordered that the conviction be upheld but granted leave to appeal against the sentence. This decision highlights the importance of ensuring that convictions are supported by sufficient evidence, and that the admission of evidence and directions to the jury are correctly handled. Additionally, it underscores the need for careful consideration of sentencing in serious criminal cases.

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

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