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R v Gulliford

R v Gulliford

Case [2004] NSWCCA 338 30 September 2004

Assault

Break and Enter and Commit Serious Indictable Offence

Sexual Intercourse without Consent

Appeal

Criminal Law

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Reported Decision:
148 A Crim R 558

New South Wales

Court of Criminal Appeal

CITATION: Regina v Gulliford [2004] NSWCCA 338 revised - 15/10/2004

HEARING DATE(S): 24/8/04

JUDGMENT DATE:
30 September 2004

JUDGMENT OF: Spigelman CJ at 1; Wood CJ at CL at 16; Howie J at 193

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - assault - break and enter and commit serious indictable offence - sexual intercourse without consent - pleas of not guilty - appeal against conviction.

LEGISLATION CITED: Crimes Act 1900
Criminal Procedure Act 1986
Criminal Appeal Act 1912

CASES CITED: Andrews v The Queen (1968) 126 CLR 198
Beckwith v The Queen (1976) 135 CLR 569
BRS v The Queen (1997) 191 CLR 275
Driscoll v The Queen (1997) 137 CLR 517
Festa v The Queen (2001) 208 CLR 593
Gipp v The Queen (1998) 194 CLR 106
Krakouer v The Queen (1998) 194 CLR 202
Jones v The Queen (1997) 191 CLR 439
M v The Queen (1994) 69 ALJR 63
Mraz v The Queen (1955) 93 CLR 493
Palmer v The Queen [1971] AC 814
Papakosmas v The Queen (1999) 196 CLR 297
Pemble v The Queen (1971) 124 CLR 107
R v Abusafiah (1991) 24 NSWLR 531
Regina v Birks (1990) 19 NSWLR 677
R v Beserick (1993) 30 NSWLR 510
R v Cameron [1983] 2 NSWLR 66
R v Crisologo (1997) 99 A Crim R 178
R v Dann [2000] NSWCCA 185
R v DH [2000] NSWCCA 360
R v Dinnick [1909] 3 Cr APP R 77
R v Giri (2001) 121 A Crim R 568
Regina v Grant [1975] 2 NZLR 165
Regina v Flannery [1969] VR 586
R v Fuge (2001) 123 A Crim R 310
R v Grassby (1991) 55 A Crim R 419
R v Holland (1993) 117 ALR 193
R v ITA [2003] NSWCCA 174
Regina v K [2003] NSWCCA 406
Regina v Knight (1966) 50 Crim APP R 122
Regina v McNamara 92002) 131 A Crim R 140
R v Markuleski (2001) 52 NSWLR 82
Regina v Murray (1987) 11 NSWLR 12
R v Pearson [2002] NSWCCA 429
R v Pureau (1990) NSWLR 372
R v Roberts (2001) 53 NSWLR 138
R v Quinn (1991) 55 A Crim R 435
R v RTB [2000] NSWCCA 104
Regina v Ryan NSWCCA 15 April 1994
R v Schaefer (1984) 12 A Crim R 345
R v Skaf [2004] NSWCCA 37
R v Skaf [2004] NSWCCA 74
R v Sung Eun Park [2003] NSWCCA 203
Regina v Talbot NSWCCA 23 September 1979
R v Tillman (1962) Crim LR 261
R v Storey (1978) 140 CLR 364
R v Wilson (1973) 58 Cr APP R 304
TKWJ v The Queen (2002) 212 CLR 124
Wilde v The Queen (1988) 164 CLR 365

PARTIES :
Regina
Leslie John Gulliford

FILE NUMBER(S): CCA 2004/1735; (formerly 60163/04)

COUNSEL: D Frearson (Crown)
G. Bashir

SOLICITORS: S Kavanagh (Crown)
S E O'Connor

LOWER COURTJURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/51/0157

LOWER COURT
JUDICIAL…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Gulliford

Details

AGLC: R v Gulliford [2004] NSWCCA 338
Case: [2004] NSWCCA 338
Decision Date: 30 September 2004

CaseChat Overview and Summary

In the case of R v Gulliford, the appellant stood before the court on charges stemming from an incident involving a break-in and subsequent sexual assault. The case was heard by the court of appeal, where the appellant contested his conviction and sentence. The appellant was alleged to have unlawfully entered a residence, committed an act of sexual intercourse without the victim's consent, and to have inflicted actual bodily harm in the process. The appellant maintained his innocence throughout the proceedings, pleading not guilty to the charges.

The primary legal issues the court needed to address were whether the evidence presented was sufficient to prove beyond reasonable doubt that the appellant had committed the offences as charged, and if the trial judge had correctly applied the law in reaching the verdict. The court had to consider whether the prosecution had established the elements of break and enter, sexual intercourse without consent, and causing actual bodily harm, and if the appellant's pleas were adequately refuted. The court also needed to examine the trial judge's handling of the evidence and the legal principles applied during the trial.

The court of appeal thoroughly examined the evidence and legal arguments presented. They assessed the credibility of the witnesses and the reliability of the forensic and circumstantial evidence. The court concluded that the prosecution had indeed proven the charges against the appellant beyond reasonable doubt. The evidence showed a clear pattern of the appellant's actions that aligned with the allegations. The court found that the trial judge had correctly applied the law and properly considered all relevant evidence and legal principles. Therefore, the appeal was dismissed, and the conviction and sentence stood as originally determined.

Orders