Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: ROSS, James John v R [2012] NSWCCA 207 Hearing dates: 29 May 2012 Decision date: 26 September 2012 Before: Allsop P at [1]
Hidden J at [69]
Davies J at [70]Decision: 1.Extend time for the filing of a notice of appeal to the date of the filing of the notice of appeal herein.
2.Appeal against conviction dismissed.
Catchwords: CRIMINAL LAW - appeal against conviction - appellant convicted on 24 counts of sexual offences - appellant charged jointly or severally with complainant's mother - appellant and complainant's mother tried together - clear directions given by trial judge about use of evidence - no miscarriage of justice in joint trial
CRIMINAL LAW - appeal against conviction - evidence - admission of record of interview - trial judge declined to exclude parts of interview to which appellant answered "no comment" - trial judge declined to exclude evidence of medical examination - evidence not prejudicial or irrelevant - clear directions given by trial judge - no miscarriage of justice
CRIMINAL LAW - appeal against conviction - inconsistent verdicts - appellant acquitted on two counts at trial - evidence on all counts primarily that of complainant - acquittal on two counts not necessarily indicative of doubts about complainant's overall veracity - jury properly instructed - sound possible evidential bases for acquittal on two counts and conviction on 24 other counts - verdicts not inconsistentLegislation Cited: Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Evidence Act 1995 (NSW)Cases Cited: DD v R [2010] NSWCCA 237
Demirok v R [1977] HCA 21; 137 CLR 20
Dungay v R [2010] NSWCCA 82
Gilbert v R [2000] HCA 15; 201 CLR 414
Jones v R [1997] HCA 56; 191 CLR 439
MFA v R [2002] HCA 53; 213 CLR 606
R v Baartman (NSW Court of Criminal Appeal, 6 October 1994, unreported)
R v Dellapatrona (1993) 31 NSWLR 123
R v Demirok [1976] VR 244
R v Fernando [1999] NSWCCA 66
R v Harbach (1973) 6 SASR 427
R v Middis (Supreme Court of NSW, 27 March 1991, unreported)
R v Murray (1987) 11 NSWLR 12
R v Plevac (1995) 84 A Crim R 570
R v Reeves (1992) 29 NSWLR 109
R v Skaf [2004] NSWCCA 74
TK v R [2009] NSWCCA 151; 74 NSWLR 299
Webb and Hay v R [1994] HCA 30; 181 CLR 41Category: Principal judgment Parties: James John Ross (Appellant)
Regina (Respondent)Representation: G Corr (Appellant)
J Girdham (Respondent)
O'Briens Solicitors (Appellant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2008/5243 Decision under appeal
- Date of Decision:
- 2010-06-11 00:00:00
- Before:
- Woods DCJ
- File Number(s):
- 2008/11/1024
Judgment
ALLSOP P: This is an appeal by Mr Ross under the Criminal Appeal Act 1912 (NSW), s 5(1), against convictions on 24 counts of sexual offences after a jury trial concluding on 9 November 2009.
Sentence was passed on 11 June 2010. The notice of appeal…
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- AGLC
- Ross v R [2012] NSWCCA 207
- Case
- [2012] NSWCCA 207
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court involved the admissibility of the evidence presented, the fairness of the joint trial, and the consistency of the jury's verdicts. The appellant argued that the trial judge's directions to the jury regarding the evidence were inadequate, leading to a miscarriage of justice. The court also had to consider whether the evidence, particularly the record of the interview and the medical examination, was prejudicial or irrelevant, and whether the acquittal on two counts indicated a doubt about the complainant's overall veracity.
The court held that the trial judge had given clear directions to the jury, which were sufficient to ensure a fair trial. The evidence, including the record of the interview and the medical examination, was deemed not to be prejudicial or irrelevant, as it was relevant to the case and did not lead to a miscarriage of justice. The court further concluded that the acquittal on two counts did not necessarily indicate doubts about the complainant's overall veracity, as there were sound evidential bases for the acquittals and convictions. The jury's verdicts were found to be consistent and properly instructed.
The final orders of the court were to dismiss the appeal against conviction, affirming the decisions of the lower courts. The appellant's conviction on 24 counts of sexual offences was upheld, and the court found no miscarriage of justice in the proceedings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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