Wilson v R

Case [2006] NSWCCA 217


CITATION: Peter James Wilson v Regina [2006] NSWCCA 217
HEARING DATE(S): 10 February 2006
 
JUDGMENT DATE: 

2 August 2006
JUDGMENT OF: Handley JA at 1; Adams J at 2; Latham J at 3
DECISION: Appeal Dismissed
CATCHWORDS: Conviction appeal - inconsistent verdicts - Crown address raising motive to lie and lies told by appellant as consciousness of guilt - admission of videotaped interview with complainant as exhibit in trial - refreshing memory from document.
LEGISLATION CITED: Evidence Act 1995
Criminal Appeal Act 1912
Evidence (Children) Act 1997
CASES CITED: M v The Queen (1994) 181 CLR 487
R v Mosegaard [2005] NSWCCA 361
R v Cox [1999] NSWCCA 62
R v Hughes [2000] NSWCCA 3
R v VHP NSWCCA (unreported) 17 June 1997
Edwards v R (1993) 178 CLR 193
R v Smith [2000] NSWCCA 468
R v Uhrig NSWCCA (unreported) 24 October 1996
Dyers v The Queen (2002) 210 CLR 285
Zoneff v The Queen (2000) 200 CLR 234
R v Campbell [2005] NSWCCA 132
Bolus v Regina [2006] NSWCCA 182
R v AH (1997) 42 NSWLR 702
Pfennig v The Queen (1995) 182 CLR 461
Qualtieri v Regina [2006 NSWCCA 95
R v NZ (2005) 63 NSWLR 628 ; [2005] NSWCCA 278
R v DBG (2002) 133 A Crim R 227 ; [2002] NSWCCA 328
R v RTGS [2005] NSWCCA 293
PARTIES: Peter James Wilson - Applicant
Regina - Respondent
FILE NUMBER(S): CCA 2005/2412
COUNSEL: Ms Bashir - Applicant
Mr W Dawe QC - Crown Respondent
SOLICITORS: Mr S O'Connor - Applicant
S Kavanagh - Crown Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0269
LOWER COURT JUDICIAL OFFICER: Coolahan DCJ
LOWER COURT DATE OF DECISION: 15 June 2005


                          2005/2412

                          HANDLEY JA
                          ADAMS J
                          LATHAM J

                          2 August 2006
PETER JAMES WILSON v REGINA

Judgment

1 HANDLEY JA: I agree with Latham J

2 ADAMS J: I agree with Latham J

3 LATHAM J: The appellant appeals against his conviction on one count of Sexual Intercourse with a Child (CM) under 10 years (fellatio) and one count of Aggravated Act of Indecency towards CM. Those offences were Counts 1 and 3 on an indictment containing seven counts to which the appellant pleaded not guilty on 24 August 2004. At the conclusion of the trial on 1 September 2004, there was a verdict by direction on Count 2 and acquittals by the jury on Counts 4, 5, 6 and 7. The verdict by direction on Count 2 (Commit an act of indecency towards CM) arose from an absence of evidence capable of establishing that the appellant was aware of CM’s presence.


      The Evidence at Trial

4 In 2002, the complainant, CM, a nine-year old boy, lived with his father, GM, in a rented three bedroom house at Tighes Hill in Newcastle. Ms L, GM’s then partner, also lived in the premises. The couple occupied one bedroom, CM occupied another bedroom and a boarder, DB, occupied the third bedroom.

5 In mid to late 2002, GM met…

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Wilson v R [2006] NSWCCA 217
Case
[2006] NSWCCA 217
Decision Date

CaseChat Overview and Summary

In the case of Wilson v R, the appellant, Wilson, sought to appeal his conviction for various charges including sexual assault. The dispute centred around the admissibility of certain evidence and the consistency of the verdicts. The matter was heard in the Court of Appeal. The appellant argued that the trial judge had erred in admitting certain evidence and in the way the jury was directed regarding inconsistent verdicts.

The legal issues before the court were whether the evidence was properly admitted and whether the trial judge had adequately instructed the jury on the matter of inconsistent verdicts. The court needed to determine if the admission of evidence, including a videotaped interview and a document used to refresh the memory of a witness, was appropriate and if the jury's understanding of inconsistent verdicts was correctly guided.

The court found that there was no error in the admission of the evidence as it was relevant to the case and did not unfairly prejudice the appellant. Regarding the jury instructions, the court held that the trial judge had adequately informed the jury about the possibility of inconsistent verdicts, ensuring that the jury understood they could convict on lesser included offences even if they were not convinced beyond reasonable doubt of the primary charge. The appeal was ultimately dismissed, as the court found no grounds to interfere with the trial judge's decisions. The final orders of the court were that the appeal be dismissed and the convictions stand as originally decided.

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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