CRIMINAL LAW - application for extension of time to give notice of appeal against conviction and application for leave against sentence - where application for extension of time not opposed - where affidavit supporting extension of time unsatisfactory - discretionary power to extend time limit to be exercised having regard to the interests of justice in the case
CRIMINAL LAW - appeal against conviction - "context" evidence - where evidence admitted of poor relationship between applicant and complainant - where evidence not of prior sexual or other assaults against the complainant - whether trial judge erred in failing to give specific direction as to limited use to which evidence could be put - Evidence Act 1995 (NSW), ss 55, 97, 101, 135, 137
CRIMINAL LAW - appeal against conviction - where jury failed to reach unanimous decision on some charges - where trial judge gave majority verdict direction - where failure to examine juror on oath before giving direction - Jury Act 1977 (NSW), s 55F(2)(b)
CRIMINAL LAW - application for leave to appeal against sentence - whether fact that sexual assault occurred in home aggravating factor when applicant and complainant resided together at the relevant time - Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2)(eb)
Case Details
Citation[2014] NSWCCA 309
CourtNSWCCA
JurisdictionNew South Wales
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