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Norman v R [2012] NSWCCA 230 (9 November 2012)

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http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2012/230.html

CRIMINAL LAW – appeal against conviction – three counts of sexual intercourse without consent s 61I Crimes Act 1900 – whether trial judge erred in admitting evidence of prior non-sexual domestic violence as relationship evidence – whether miscarriage of justice resulted – whether miscarriage of justice resulted from absence at trial of ‘fresh evidence’ of appellant’s Asperger’s Disorder

CRIMINAL LAW – application for leave to appeal against sentence – sexual intercourse without consent – appellant sentenced to seven and a half years imprisonment with four and half years non-parole period – whether sentences were manifestly excessive – whether objective seriousness of offences was assessed in context of marital relationship between appellant and complainant


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