Freeman v DPP [2020] NSWDC 280

District Court New South Wales

Medium Neutral Citation: Freeman v DPP [2020] NSWDC 280 Hearing dates: 25 May 2020 Date of orders: 04 June 2020 Decision date: 04 June 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 125-126 Catchwords: CRIMINAL LAW – conviction appeal – two counts of intentionally sexually touching a child – challenges to positive credibility findings of complainant influenced by assessment of her demeanour – whether credibility findings glaringly improbable or contrary to compelling inferences – whether Crown negated reasonable possibility of appellant's innocence – requirement for assessment of evidence for separate counts Legislation Cited: Crimes Act 1900 (NSW), s 66DB Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 18 Criminal Procedure Act 1986 (NSW), ss 293A, 306U, 306Y Evidence Act 1995 (NSW), s 18 Cases Cited: Charara v R (2006) 164 A Crim R 39 Dyason v Butterworth [2015] NSWCA 52 Fox v Percy (2003) 214 CLR 118 Pell v The Queen [2020] HCA 12 R v Markuleski (2001) 52 NSWLR 82 Category: Principal judgment Parties: Director of Public Prosecutions Mr A Freeman Representation: Counsel: Ms Annie Gunn for the Director of Public Prosecutions Mr E Kerkyasharian for the appellant

Solicitors:

Solicitor for the Director of Public Prosecutions Aubrey Brown Lawyers for the accused File Number(s): 2019/144569 Publication restriction: Non Publication Order on the name of the complainant, each of the complainants' family members and persons connected to the complainant, or any information that may identify any of them. Pseudonyms have been used for the name of the complainant, each of the family members of the complainant and persons connected to the complainant. Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Crime Citation: Unreported Date of Decision: 21 January 2020 Before: Magistrate S Olischlager File Number(s): 2019/144569