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[2010] VSCA 331
Court of Appeal (Vic)
2010-12-07
BUCHANAN, WEINBERG and BONGIORNO JJA
Original judgment source is linked above.
THIS JUDGMENT IS SUPERSEDED BY AJ v THE QUEEN [2011] VSCA 215
R v AJ (Unreported, County Court of Victoria, Judge Campton, 16 December 2009)
CRIMINAL LAW - Conviction - Sexual offences - Indecent act with or in the presence of child under the age of 16 - Evidence - Allegation that complainant sent a text message stating her allegations were false - Whether trial judge restricted defence counsel's cross-examination of complainant as to the text message - Fair trial - Whether non-disclosure by the Crown of matters potentially affecting the complainant's creditability rendered trial unfair - Whether disclosure would have significantly damaged Crown case or advanced accused's defence - R v Grey [2001] HCA 65; (2001) 184 ALR 593, applied - Appeal allowed - New trial ordered.
# A J
The Queen \[2010\] VSCA 331
(2001) 184 ALR 593