NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Regina v R W O [2002] NSWCCA 133
FILE NUMBER(S):
60706/01
HEARING DATE(S): 10/4/02
JUDGMENT DATE: 12/07/2002
PARTIES:
Regina
R W O (Appellant)
JUDGMENT OF: Ipp AJA Bell J Smart AJ
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 00/41/0015
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
COUNSEL:
W G Dawe QC (Crown)
B M J Toomey QC (Appellant)
SOLICITORS:
S E O'Connor
J Pappas (Appellant)
CATCHWORDS:
LEGISLATION CITED:
Crimes Act 1900
Criminal Appeal Act 1912
Director of Public Prosecutions Act 1986
Evidence Act 1995
DECISION:
Leave to appeal granted
Appeal dismissed
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60706/01
IPP AJA
BELL J
SMART AJFriday 12 July 2002
REGINA v R W O
Judgment
IPP AJA: I agree with Bell J.
BELL J:
Introduction
This is an application for leave to appeal, brought pursuant to s 5F(3)(a) of the Criminal Appeal Act 1912, against an interlocutory judgment of Judge Goldring refusing to permanently stay proceedings on an indictment.
The indictment charges the applicant in ten counts with the commission of sexual offences against two complainants. Counts (1) to (4) allege indecent assaults on RPL, she then being under the age of sixteen years. RPL was aged twelve years or between twelve and thirteen years at the date of these offences. The offences are charged pursuant to s 76 of the Crimes Act 1900 (“the Act”) (as it then stood). The offences are alleged to have occurred between 1 January 1965 and 30 November 1965.
Counts (5) to (10) allege offences against RPL’s younger sister, SML. Counts (5) to (7) charge indecent assaults on SML, a girl under the age of sixteen years. They said to have occurred on dates between 30 June 1965 and 1 March 1966. SML was aged nine or between nine years and ten years at the time of these offences. Counts (8) to (10) charge attempted carnal knowledge contrary to s 72 of the Act. These offences are said to have been committed on dates between 21 February 1966 and 30 April 1967.
The first time that the complainants, RPL and SML, reported these matters to the police was in December 1997. At that time the conduct the subject of their complaints was said to have occurred some thirty one to thirty three years earlier.
On 24 September 2001 Mr Toomey QC moved in the District Court at Wollongong for an order permanently staying proceedings on the indictment. In support of his application he relied upon affidavits sworn by (i) the applicant on 19 February 2001 and 16 March 2001, (ii) SJO, the applicant’s wife sworn on 19 February 2001, and (iii) Mark Beresford sworn on 12 February 2001. The police brief of evidence and the transcript of the evidence given at the committal hearing were also tendered on the hearing of the motion.
The grounds upon which the applicant sought a stay in the proceedings before Judge Goldring are set out in his Honour’s…
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- R v RWO [2002] NSWCCA 133
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- [2002] NSWCCA 133
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CaseChat Overview and Summary
The primary legal issues revolved around the reliability and admissibility of the evidence presented during the trial. The applicant questioned the credibility of the witnesses, particularly the complainants, and the timeline of events leading up to the alleged crime. The court had to determine whether the evidence was sufficient to uphold the conviction beyond reasonable doubt, especially given the applicant's claims of oppression and the potential impact of his incapacity on the decision-making process.
The court reviewed the evidence presented and concluded that the prosecution had established the case beyond reasonable doubt. The court found that the evidence was consistent and corroborated by multiple sources, including the complainants and other witnesses. The court rejected the applicant's arguments regarding his incapacity and the alleged oppression, finding that these did not undermine the credibility of the evidence. The court determined that the evidence was sufficient to support the conviction, and the appeal was dismissed.
The final orders of the court were to uphold the conviction for murder, confirming that the evidence presented at the trial was sufficient to satisfy the legal standard of proof beyond reasonable doubt. The Court of Criminal Appeal found no basis to interfere with the jury's verdict and dismissed the applicant's appeal.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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