Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Valentine v R [2023] NSWCCA 43 Hearing dates: 19 October 2022 Date of orders: 10 March 2023 Decision date: 10 March 2023 Before: Basten AJA at [1];
Button J at [250];
Wilson J at [253]Decision: (1) Grant the applicant leave to appeal from the convictions entered in the District Court on the indictment dated 11 February 2019.
(2) Uphold the appeal with respect to the conviction on count 24, quash the conviction and enter a verdict of acquittal on that count.
(3) With respect to the aggregate sentence –
(a) grant leave to the appellant to file written submissions with respect to any possible reduction of the aggregate sentence within four weeks of the date of this judgment;
(b) grant leave to the Director to file submissions in reply within six weeks of the date of this judgment;
(c) direct that if either party wishes to be heard orally with respect to a variation of the sentence, an application should be made within 14 days of the filing of the Director’s submissions in response.
(4) Otherwise dismiss the appeal.
Catchwords: CRIMINAL PROCEDURE – appeal against convictions for sexual offences – appeal filed months late – application for extension of time – 21 proposed grounds of appeal
CRIME – appeal – ground – unreasonableness of verdict – use of tendency evidence on appeal to assess whether reasonable doubt to be entertained
CRIME – appeal – unreasonable verdicts – elevating subjective demeanour-based findings over intrinsic value of evidence – failure to apply forensic prejudice in accepting complainants’ evidence – global rejection of appellant’s evidence
EVIDENCE – admissibility of historic complaint – admission to prove truth of content – Evidence Act 1995 (NSW), s 66
EVIDENCE – disallowance of cross-examination suggesting other sexual activity – defence that other officer raped victim – relevance of questions – whether other activity at or about the time of the charged offence – whether other activity and charged offence part of a connected set of circumstances – Criminal Procedure Act 1986 (NSW), s 293
Legislation Cited: Child Welfare Act 1939 (NSW), s 72
Crimes Act 1900 (NSW), ss 61, 63, 76
Criminal Appeal Act 1912 (NSW), ss 5, 6
Criminal Procedure Act 1986 (NSW), s 293
Evidence Act 1995 (NSW), ss 55, 66, 116
Cases Cited: Dansie v The Queen [2022] HCA 25; 96 ALJR 728
Dansie v The Queen [2020] SASCFC 103
Devries v Australian National Railways Commission (1993) 177 CLR 472; [1993] HCA 78
Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20
Jackmain (a pseudonym) v R (2020) 102 NSWLR 847; [2020] NSWCCA 150
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- AGLC
- Valentine v The King [2023] NSWCCA 43
- Case
- [2023] NSWCCA 43
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide were whether the appeal was filed late and whether an extension of time was granted. The court also had to decide whether the evidence presented was admissible, and whether the appellant’s evidence was global or if it was relevant. The court had to consider whether the historic complaint was admissible to prove the truth of the content and whether the cross-examination suggesting other sexual activity was relevant to the charged offence. The court also had to consider whether the other activity and the charged offence were part of a connected set of circumstances.
The court held that the appeal was filed late and that an extension of time was granted. The court held that the evidence presented was admissible, and the appellant’s evidence was not global. The court held that the historic complaint was admissible to prove the truth of the content and that the cross-examination suggesting other sexual activity was not relevant to the charged offence. The court also held that the other activity and the charged offence were not part of a connected set of circumstances. The appeal was dismissed, and the convictions were upheld.
The court dismissed the appeal and upheld the convictions. The court found that the evidence presented was admissible, and the appellant’s evidence was not global. The court found that the historic complaint was admissible to prove the truth of the content and that the cross-examination suggesting other sexual activity was not relevant to the charged offence. The court also found that the other activity and the charged offence were not part of a connected set of circumstances. The appeal was dismissed, and the convictions were upheld.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
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