R v Davis [2007] VSCA 276

Court of Appeal (Vic)|2007-11-27|Before: BUCHANAN JA and COLDREY and CURTAIN AJJA

The application for leave to appeal against conviction is granted.

The appeal is treated as instituted instanter and is allowed.

The convictions are set aside and it is ordered that the applicant be re-tried.

The application for leave to appeal against conviction is granted.

The appeal is treated as instituted instanter and is allowed.

The conviction is quashed and it is ordered that the applicant be re-tried.

[3] Palmer v R [1998] HCA 2; (1998) 193 CLR 1 at 7 and 25; R v Rodriguez [1998] 2 VR 167 at 177-9 (Charles JA) and at 184-5 (Callaway JA); R v Costin [1998] 3 VR 659 at 668-9 (Charles JA); R v Leak [1969] SASR 172 at 173-4; R v Foley [2000] 1 Qd R 290 at 297; R v Dennis [1999] NSWCCA 23, [45] (Spigelman CJ); R v Baker [1999] NSWCCA 277, [21] (Adams J); R v Middleton [2000] WASCA 200; (2000) 114 A Crim R 141 at 144; R v Buckley (2004) 10 VR 214; R v Babic [2005] VSCA 158; (2005) 12 VR 155.

[4] [2007] VSCA 201. See also R v Middleton, above.

[6] The term 'sexual offence' was defined in s 32B(1) as an offence to which Clause 1 of Schedule 1 of the Sentencing Act 1991 applied.

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