CITATION: Regina v Steenson [2000] NSWCCA 143 FILE NUMBER(S): CCA 60441/99 HEARING DATE(S): 19 April 2000 JUDGMENT DATE:
5 May 2000PARTIES :
REGINA (Respondent)
Robin John STEENSON (Appellant)JUDGMENT OF: Stein JA at 1; Dunford J at 2; Simpson J at 3
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 97/61/0079 LOWER COURT JUDICIAL
OFFICER :Christie DCJ
COUNSEL : Mr D C Frearson (Crown/Respondent)
Mr P Byrne SC (Appellant)SOLICITORS: S E O/Connor (Crown/Respondent)
Nelson Keane & Hemmingway (Appellant)CASES CITED: Jones v R (1997) 191 CLR 439
R v Crisologo (1997) 99 A Crim R 178DECISION: Appeal dismissed.
IN THE COURT OF
CRIMINAL APPEAL
STEIN JA
60441/99
DUNFORD J
SIMPSON J
Friday 5 May 2000
REGINA v Robin John STEENSONJudgment1 STEIN JA: I agree with Simpson J
2 DUNFORD J: I agree with Simpson J.
SIMPSON J :
3 On 15 June 1999 the appellant was charged in the District Court at Dubbo on an indictment containing two counts of sexual intercourse without consent. He entered pleas of not guilty to each charge and a jury was accordingly empanelled. The evidence, addresses and summing-up were completed by 1 pm on the second day of the trial, 16 June. At 3.29 pm the following day, 17 June, the jury returned verdicts of not guilty on the first count and guilty on the second. The appellant appeals against the conviction.
4 The Crown case may be outlined briefly. From late in 1995 the appellant and the complainant had been living together in a de facto relationship. Early in 1996 they moved to a rural property outside Dubbo. The relationship quickly deteriorated and was marked by incidents of verbal abuse and physical violence directed by the appellant towards the complainant. Notwithstanding a number of such incidents the two continued to live together and share a bed. One morning in March 1996 the appellant made sexual approaches to the complainant which she unequivocally rejected. He persisted, forced himself upon her, and with his penis penetrated her vagina. This gave rise to the first count on the indictment on which the jury acquitted the appellant.
5 After this alleged assault the complainant had some bruising to various parts of her body. Nevertheless, she did not report the incident to anybody and she continued to share the bed with the appellant. Thereafter there were further incidents of non sexual violence directed by the appellant to the complainant.
6 The event giving rise to the second count was alleged to have occurred within a few days of 7 April which was the complainant’s birthday. The two were in bed together when the appellant again made sexual advances to the complainant who had been asleep until awakened by him. The appellant held the complainant by the shoulders and penetrated her vaginally with his penis. Although the complainant’s evidence was that this act of vaginal intercourse was non consensual and that she clearly signified that she did not wish to engage…
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- AGLC
- Regina v Steenson [2000] NSWCCA 143
- Case
- [2000] NSWCCA 143
- Decision Date
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