R v JGW [1999] NSWCCA 116 (23 June 1999)

[1999] NSWCCA 116

CRIMINAL LAW – offences – homosexual intercourse – attempted homosexual intercourse – indecent assault;

CRIMINAL LAW – directions to jury – directions as to delay in complaint – directions as to unreliability of complaint evidence;

CRIMINAL LAW – directions to jury – directions on lies;

CRIMINAL LAW – verdicts – “unsafe and unsatisfactory”;

CRIMINAL LAW – sentencing – principle of totality;

CRIMINAL PRACTICE AND PROCEDURE – amendment of indictment – discretion of judge;

EVIDENCE – admissibility – tender of ERISP video interview;

EVIDENCE – credibility and weight

Evidence Act 1995 ss 55, 56, 90, 102, 135, 136, 137