Catchwords

CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – EVIDENCE OF SEXUAL EXPERIENCE, REPUTATION AND MORALITY – where appellant convicted of sexual offences against foster daughter – where learned trial judge refused to allow defence to cross-examine complainant about previous allegations of sexual abuse that she had made against other people – whether cross-examination on these matters would have a clear tendency to impact upon complainant’s credibility

CRIMINAL LAW – EVIDENCE – COMPLAINTS – GENERALLY – where complainant made preliminary complaint to subsequent foster carer before complaining to police – where preliminary complaint made some months after the last uncharged act of appellant – where learned trial judge directed jury that they could regard the complaint as establishing consistency in complainant’s behaviour – whether learned trial judge properly directed jury as to use they could make of preliminary complaint

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – EXPRESSION OF JUDGE’S OWN OPINION – GENERALLY – where learned trial judge made comments during course of evidence – whether comments were prejudicial to appellant – whether learned trial judge’s comments on facts rendered trial unfair to appellant

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – OTHER IRREGULARITIES – where jury unable to agree on four counts and convicted on other counts – whether this outcome was suggestive of compromise on the part of the jury – whether clear inconsistency among verdicts – whether jury could be satisfied beyond reasonable doubt that complainant’s evidence was correct – whether convictions unsafe and unsatisfactory

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where applicant sentenced to seven years imprisonment – where no prior criminal history – where complainant was applicant’s foster child and offences commenced when she was 13 years old – where applicant gave her money in return for sexual acts – where no remorse shown – where no violence or threats used – whether sentence imposed manifestly excessive