CRIMINAL LAW - appeal - conduct of prosecution - closing address to jury - general comments made about the credibility of children - whether prosecutor improperly suggested having a particular expertise with respect to the testimony of children - whether prosecutor improperly invited the jury to rely on a lie told by accused - prejudicial effect considered - failure by defence to object at trial - whether audio recording of address should be tendered
CRIMINAL LAW - appeal - whether defence counsel incompetent - failure to lead evidence - complainants said accused was kneeling during sexual intercourse - failure to call medical evidence regarding accused's difficulties kneeling - whether trial miscarried
CRIMINAL LAW - appeal - unreasonableness of verdicts - separate counts of indecent assault against two children - one count of sexual intercourse with a child - accused found guilty of one charge of indecent assault and charge of sexual intercourse with same child - acquittal on other charges - unreasonableness alleged on lack of consistency between verdicts and unreliability of evidence - possibility of concoction
EVIDENCE - tendency - direction to jury - whether judge should have warned against tendency reasoning - use of acts alleged against one child as potential tendency evidence for acts against the other child - prosecution not seeking to rely on tendency - direction that each offence should be considered separately - no objection raised at trial about failure to give warning
Case Details
Citation[2014] NSWCCA 112
CourtNSWCCA
JurisdictionNew South Wales
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