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TDP v R; R v TDP [2013] NSWCCA 303 (3 December 2013)

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http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/303.html

CRIMINAL LAW – APPEAL AGAINST CONVICTION – nine counts of aggravated sexual intercourse without consent and two counts of aggravated indecent assault – offences occurring over 3½ years when complainant aged between 13 and 16 – applicant self-represented – alleged failure by Crown to place all relevant evidence before jury – relevance of toxicology report on complainant’s hair – challenge to summing up by trial judge – alleged failure by trial judge to emphasise contradictions in complainant’s evidence – alleged failure by trial judge to give a warning as to the unreliable nature of complainant’s evidence – alleged failure by trial judge to adequately sum up as to corroboration of complainant’s evidence – alleged miscarriage of justice due to incompetence of counsel – application of rule 4 of Criminal Appeal Rules – whether post-conviction admissions by applicant can be taken into account in a conviction appeal and if so in what way – conviction appeal dismissed – CROWN APPEAL AGAINST SENTENCE – failure by sentencing judge to impose non-parole periods, contrary to s 45(1) of Crimes (Sentencing Procedure) Act 1999 – whether applicant’s mental health properly taken into account – whether sentences properly accumulated – whether sentences manifestly inadequate – Crown appeal against sentence substantially dismissed.


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