CITATION: REGINA v Wayne BALDWIN [2004] NSWCCA 21 HEARING DATE(S): 18/2/04 JUDGMENT DATE:
22 March 2004JUDGMENT OF: Levine J at 1; O'Keefe J at 2; Bell J at 3 DECISION: 1. Allow the appeal; 2. Quash the convictions and sentences imposed in the District Court; 3. In relation to count 17 direct judgment and verdict of acquittal; 4. Direct a new trial with respect to the balance of the indictment LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912CASES CITED: L v Johnson and the DPP [2003] NSWSC 1246
BRS v The Queen (1997) 191 CLR 275
Maric v R (1978) 52 ALJR 631
R v Anderson (1991) 53 A Crim R 421
R v ATM [2000] NSWCCA 475
R v Dixon [2001] NSWCCA 39
R v Goldburg, Court of Criminal Appeal, unreported, 23 February 1993
R v RNS [1999] NSWCCA 122
R v Tolmie, Court of Criminal Appeal, unreported, 7 December 1994
Williams v Spautz (1992) 174 CLR 509PARTIES :
Wayne BALDWIN (Appellant)
Crown (Respondent)FILE NUMBER(S): CCA 60332/03 COUNSEL: M Thangaraj (Appellant)
E Wilkins (Crown)SOLICITORS: C Abbott (Appellant)
CK Smith (Crown)
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 01/11/0491 LOWER COURT
JUDICIAL OFFICER :Shillington DCJ
60332/03
22 March 2004LEVINE J
O’KEEFE J
BELL J
1 LEVINE J: I agree with Bell J.
2 O’KEEFE J: I agree with Bell J.
3 BELL J: On 5 August 2002 the appellant was arraigned upon an indictment before his Honour Judge Shillington in the District Court (the Judge). The indictment contained twenty-six counts charging him with the commission of sexual assaults and common assaults against the same complainant, JL, in the period between 1 October 1981 and 2 March 1984. The appellant entered pleas of not guilty to each count and stood trial.
4 The appellant was acquitted by direction of five of the counts at the close of the evidence. On 12 August 2002 the jury returned verdicts of guilty with respect to each of the remaining twenty-one counts.
5 On 5 September 2002 the Judge sentenced the appellant to terms of imprisonment that in the aggregate amounted to twenty years with an effective non-parole period of fifteen years.
6 This is an appeal against conviction and an application for leave to appeal against the severity of the sentences that were imposed.
7 It was the Crown case that JL had been introduced to the appellant when he was aged fifteen years. JL was in the care of the Department of Community Services at the time and appears not to have had a permanent residence. He was taken by his friend to the appellant’s flat in Kings Cross. There he consumed a quantity of alcohol and passed out. He woke to find that he was being anally penetrated by the appellant. Within a matter of weeks of their first meeting, JL came to live with the appellant and to believe that the appellant had been…
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- AGLC
- REGINA v Wayne Baldwin [2004] NSWCCA 21
- Case
- [2004] NSWCCA 21
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CaseChat Overview and Summary
Orders
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Background
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Evidence
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