RA v R [2020] NSWCCA 356

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RA v R [2020] NSWCCA 356 Hearing dates: 3 August 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Before: McCallum JA at [1]; Button J at [108]; Ierace J at [111] Decision: (1) That leave to appeal against conviction and sentence be granted. (2) That the appeal against conviction be dismissed. (3) That the appeal against sentence be allowed. (4) That the sentence imposed at first instance be quashed and in substitution therefor that the applicant be sentenced to a term of imprisonment with a non-parole period of 2 years and 5 months commencing on 28 March 2019 and expiring on 27 August 2021 and a balance of term of 1 year and 7 months expiring on 27 March 2023. Catchwords: APPEALS — From jury verdict — unreasonable verdict — where applicant alleged significant inconsistencies in complainant's evidence should have left jury with doubt — where date of alleged conduct critical as Crown required to prove it occurred before complainant turned 10 — whether evidence supported jury's verdicts SENTENCING — Appeal against sentence — manifest excess — historical offence — difficulty establishing range in case of repealed offence — youth and immaturity of offender at time of offending Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 21A(2)(g), 25AA Crimes Act 1900 (NSW), ss 66A, 67, 68, 71, 76 Criminal Appeal Act 1912 (NSW), ss 6(1), 7(2) Evidence Act 1995 (NSW), ss 32(2)(b)(i), 38 Cases Cited: BT v R [2019] NSWCCA 147 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v R (2002) 213 CLR 606; [2002] HCA 53 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Paul Campbell v R [2018] NSWCCA 87 R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434 R v Pell [2020] HCA 12 R v RA (No 1) [2019] NSWDC 375 R v RA (No 2) [2019] NSWDC 463 RJP v R [2006] NSWCCA 149 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 SM v R [2014] NSWCCA 137 Category: Principal judgment Parties: RA (Appellant) Regina (Respondent) Representation: Counsel: B Robinson (Applicant) D Patch (Respondent)