R v RTW No. Sccrm-99-267

[2000] SASC 113

R v RTW
[2000] SASC 113

Court of Criminal Appeal:  Debelle, Lander and Bleby JJ
Application for Leave to Appeal in Private

1. DEBELLE J.     The applicant was convicted on the verdict of a jury of two counts of indecent assault and one count of unlawful sexual intercourse.  He applied for leave to appeal from the conviction.  On 30 March 2000 Wicks J granted leave to appeal on a number of grounds but refused leave to appeal on grounds 1, 6, 8(a), and 10 to 16 inclusive.  The applicant has applied to the Full Court for leave to appeal on grounds 1, 6, 8(a), 12, 13 and 14.  The application was considered by the Full Court in private pursuant to Rule 15(7) of the Supreme Court Criminal Appeal Rules 1996.

2. The application was considered by Lander and Bleby JJ and me.  We are unanimously of the opinion that the applicant should have leave to appeal on grounds 1, 12 and 14.  A majority of the court is of the opinion that leave to appeal should be refused on ground 6.  We are unanimously of the opinion that leave to appeal should be refused on grounds 8(a) and 13.  Grounds 6 and 13 concern evidence proving the relationship between the applicant and the victim of these assaults.  The applicant contends that it should not have been admitted.  We do not agree.  Ground 8(a) complains of a comment made by a prosecutor.  When seen in its context, the comment did not result in an unfair trial.

3. Neither the Notice of Appeal nor the document entitled “Further Particularised Grounds of Appeal” gives sufficient particulars of ground 1.  Further particulars were provided to the Full Court.  The Notice of Appeal should be re-drawn to give the particulars of ground 1 provided to the Full Court.  It should include what is set out in paras 4.1 to 4.6 of the Summary of Argument provided to the Full Court.  It should also include para 4.7 but further particulars of para 4.7 should be provided.  Paras 4.8 and 4.9 should also be included.

4. In addition to these particulars of ground 1 being provided, a fresh Notice of Appeal should be drawn to include all those grounds upon which the applicant has been granted leave.

5. There will be orders:

6. That in addition to the grounds on which leave to appeal was granted by Wicks J, the applicant have leave to appeal on grounds 1, 12 and 14.

7. The applicant’s solicitor shall prepare an amended Notice of Appeal in accordance with the directions in the reasons of the Full Court.