Reported Decision: 168 A Crim R 579
New South Wales
Court of Criminal Appeal
CITATION: ROWNEY v R [2007] NSWCCA 49 HEARING DATE(S): 8 November 2006
JUDGMENT DATE:
27 February 2007JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 53; Rothman J at 93 DECISION: Appeal dismissed CATCHWORDS: CRIMINAL LAW - Appeal against conviction - sexual assault - acquittal directed on 3 counts - 13 year delay in complaint - whether trial judge erred in rejecting relationship evidence between the complainant and appellant whether jury verdicts unreasonable - whether verdicts unsupported by evidence - inconsistencies between complainant’s evidence and Crown opening LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1986
Criminal Appeal Rules 1912CASES CITED: Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR 487
MFA v The Queen (2002) 213 CLR 606
R v Markuleski (2001) 52 NSWLR 82
R v Rose (2002) 55 NSWLR 701PARTIES: Douglas William Rowney (Appl)
The CrownFILE NUMBER(S): CCA 2006/1736 COUNSEL: P A Beale/G A Newton (Appl)
P Barrett (CrownSOLICITORS: Director of Public Prosecutions (Crown) LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 03/31/0208 LOWER COURT JUDICIAL OFFICER: Payne DCJ LOWER COURT DATE OF DECISION: 8 March 2006
2006/1736
TUESDAY 27 FEBRUARY 2007McCLELLAN CJ at CL
SIMPSON J
ROTHMAN J
1 McCLELLAN CJ at CL: The appellant Douglas William Rowney was tried in relation to the following counts:
One count of indecent assault with a person above the age of ten years and under the age of sixteen years being an offence contrary to s 61E(2) of the Crimes Act (count 3).
Six counts of sexual intercourse with a person under ten years and under the age of sixteen years being an offence against s 66C(1) of the Crimes Act (counts 1, 2, 4, 5 6, and 7); and
2 At the close of the Crown case the trial judge directed a verdict of acquittal in relation to counts 2, 5 and 6. The jury returned verdicts of guilty in relation to counts 1, 3, 4 and 7.
3 The appellant appeals against his conviction and raises two grounds of appeal. I shall return to the precise grounds of appeal later in these reasons.
The course of the trial
4 Each of the counts with which the appellant was charged was concerned with allegations that he had engaged in sexual activity with the complainant who turned thirteen in February 1988. The counts in respect of which guilty verdicts were returned related to incidents which allegedly occurred between 1 September 1987 and 31 January 1988 at locations near Gunnedah. Counts 1, 3 and 4 related to events which allegedly occurred at Kelvin and count 7 to events which allegedly occurred at Manilla. The incidents were alleged to have occurred when both the appellant’s family and the complainant’s family were living, in separate houses, on a property called “Rangari”, near Gunnedah.
5 Counts 1…
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- AGLC
- Rowney v The Queen [2007] NSWCCA 49
- Case
- [2007] NSWCCA 49
- Decision Date
CaseChat Overview and Summary
The court examined the trial judge's decision to exclude evidence of the relationship between the complainant and the appellant, considering whether this exclusion was an error that might have affected the outcome of the trial. The court also considered the inconsistencies between the complainant's evidence and the Crown's opening, as well as the weight of the evidence presented to the jury. The court assessed whether the jury's verdicts were reasonable in light of the evidence and whether there were any other factors that might have influenced the jury's decision-making process.
The court concluded that the trial judge had not erred in excluding the relationship evidence as it was deemed irrelevant to the central issue of whether the alleged assaults had occurred. The court also found that the jury's verdicts were not unreasonable or unsupported by the evidence. Despite the inconsistencies between the complainant's evidence and the Crown's opening, the court found that the jury had properly considered the evidence and reached a reasonable verdict. Consequently, the court upheld the conviction and dismissed the appeal.
The final orders of the court were to dismiss the appeal and uphold the conviction on the three counts for which the appellant had been found guilty. The acquittal on the other three counts was affirmed.
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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