Alharbi v R [2020] NSWCCA 130

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alharbi v R [2020] NSWCCA 130 Hearing dates: 29 May 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Before: Hoeben CJ at CL at [1] Harrison J at [2] Wilson J at [3] Decision: 1. Refuse leave to advance grounds 1 and 2; 2. Grant leave to appeal on ground 3; 3. Dismiss the appeal Catchwords: CRIMINAL LAW – sexual assault – indecent assault – two complainants – conviction following trial – question of adequacy of directions to jury as to use to be made of evidence of one complainant relevant to charges concerning another – whether a "Mitchell direction" was required – whether trial judge gave "sufficient weight" to inconsistencies in the evidence of the complainants – whether inconsistencies between evidence of complainants should have raised a doubt – whether convictions unsupported by the evidence Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Cook v R (2000) 22 WAR 67; 100 A Crim R 11 Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13 R v Collins [2001] NSWCCA 386 R v Markuleski 52 NSWLR 82; [2001] NSWCCA 290 R v Mayberry [2000] NSWCCA 531 R v Mitchell (Court of Criminal Appeal (NSW), 5 April 1995, unrep) R v RCK (Court of Criminal Appeal (NSW), 12 December 1995, unrep) R v Tripodina [1988] 35 A Crim R 183 R v Williams (Court of Criminal Appeal (NSW), 10 October 1990, unrep) RRS v R [2013] NSWCCA 94; 231 A Crim R 168 Texts Cited: Nil Category: Principal judgment Parties: Muaddi Fahad Alharbi (Applicant) Regina (Respondent) Representation: Counsel: B Levet (Applicant) E Balodis ­(Crown)