Kazantzis v R [2020] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kazantzis v R [2020] NSWCCA 161 Hearing dates: 18 June 2020 Date of orders: 16 July 2020 Decision date: 16 July 2020 Before: Bell P at [1]; Davies J at [75]; Wilson J at [79] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIME – Appeals – appeal against conviction – sexual assault offences – applicant convicted of one count and acquitted of two counts – whether jury verdict was unreasonable or unsupportable having regard to the evidence – open to the jury to be satisfied of guilt beyond reasonable doubt. Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5(1)(b) Surveillance Devices Act 2007 (NSW) Cases Cited: Hamilton (a pseudonym) v R [2020] NSWCCA 80 M v R (1994) 181 CLR 487; [1994] HCA 63 Mackenzie v R (1996) 190 CLR 348; [1996] HCA 35 Pell v R (2020) 94 ALJR 394; [2020] HCA 12 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 RC v R; R v RC [2020] NSWCCA 76 Category: Principal judgment Parties: Michael Kazantzis (Applicant) The Crown (Respondent) Representation: Counsel: E Ozen SC (Applicant) F Veltro (Respondent)

Solicitors: Benjamin Leonardo - The Defenders (Applicant) Office of the Director of Public Prosecutions NSW (Respondent) File Number(s): 2016/00163869 Publication restriction: N/A Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 12 December 2018 Before: North DCJ File Number(s): 2016/00163869