Nicholas Flowers
18 August 2003

A Darwin Supreme Court jury found the applicant guilty of

(i) assault with 2 circumstances of aggravation, and
(ii) having sexual intercourse without consent.

The applicant applied for leave to appeal on the grounds that

(1) the verdicts were unsafe and unsatisfactory and cannot be supported having regard to the evidence

(2) The trial judge erred in ruling that the applicant was not entitled cross-examine police officers regarding the applicant’s statement to police which was entirely self-serving in nature and contained no admissions against interest.

After leave to appeal had been refused, the applicant filed a Notice of Application for Rehearing by the Court of Criminal Appeal pursuant to s.429(2) of the Criminal Code.

The application had not been listed for rehearing as at 30 June 2004.