Curran v R [2020] NSWCCA 171

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Curran v R [2020] NSWCCA 171 Hearing dates: 11 June 2020 Date of orders: 18 June 2020 Decision date: 20 July 2020 Before: Basten JA at [1]; R A Hulme J at [130]; Hamill J at [137] Decision: (1) Grant leave to appeal against conviction. (2) Allow the appeal against conviction in part. (3) Quash the convictions on Counts 3 and 4 of the indictment and quash the aggregate sentence imposed. (4) Enter verdicts of acquittal in respect of Counts 3 and 4. (5) Appeal otherwise dismissed. (6) In respect of Counts 1, 5, 6 and 7, sentence Graeme Bryan Curran to an aggregate term of imprisonment of 16 months with a non-parole period of 9 months. The sentence is to date from 23 August 2019. The non-parole period expired on 22 May 2020 and the total term will expire on 22 December 2020. Accordingly, the offender is now entitled to release pursuant to a statutory parole order. Catchwords: CRIME – appeals – appeal against conviction – sexual assault offences – applicant convicted of seven of nine counts of indecent assault on a male – whether jury verdict was unreasonable or unsupportable having regard to the acquittals – convictions quashed on two counts – open to the jury to be satisfied of the applicant's guilt in relation to the other five counts CRIMINAL PROCEDURE – trial – conduct of prosecutor – two inappropriate statements in closing address – suggestion that the accused had a "motive to lie" – suggestion that the accused had a general tendency not supported by the evidence – whether miscarriage of justice EVIDENCE – reliability – whether complainant's evidence capable of sustaining convictions of two counts of indecent assault – details of assaults given many years later after several statements to police – express denial of facts charged – effects of hypnosis – memories suppressed – whether evidence unreliable – whether jury could rationally assess reliability Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Cases Cited: Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56 Livermore v The Queen (2006) 67 NSWLR 659; [2006] NSWCCA 334 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MAJW v Regina [2009] NSWCCA 255 Palmer v The Queen (1998) 193 CLR 1; [1998] HCA 2 Pell v The Queen [2020] HCA 12; 94 ALJR 394 Robinson v The Queen (1991) 180 CLR 531; [1991] HCA 38 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Whitehorn v The Queen (1983) 152 CLR 657; [1983] HCA 42 Category: Principal judgment Parties: Graeme Bryan Curran (Applicant) Regina (Respondent) Representation: Counsel: Mr P Boulten SC / Ms G Lewer (Applicant) Ms M England / Ms E Curran (Respondent)