Hall v R [2021] NSWCCA 20

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hall v R [2021] NSWCCA 20 Hearing dates: 30 October 2020 Date of orders: 03 March 2021 Decision date: 03 March 2021 Before: Harrison J at [1] R A Hulme J at [58] Ierace J at [61] Decision: (1) Grant leave to appeal against conviction but dismiss the appeal. (2) Grant leave to appeal against sentence but dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – appeal against conviction – historical child sexual offences – trial by judge alone – where applicant a teacher in school attended by complainants – position of trust – unrepresented applicant – where applicant convicted on a majority of counts on the indictment – whether verdicts unreasonable – whether evidence unfairly admitted – whether applicant incompetently represented by counsel at trial – where applicant's principal contention was that trial judge failed to conclude that complainants had motive to lie CRIMINAL LAW – appeal – appeal against sentence – where applicant raises manifest excess as a ground without identifying legal error – where applicant's principal argument asserting manifest excess was that he was wrongly convicted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: McPhillamy v The Queen (2018) 92 ALJR 1045; [2018] HCA 52 The Queen v Dennis Bauer (a pseudonym) (2018) 266 CLR 56; [2018] HCA 40 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 WG v R; KR v R [2020] NSWCCA 155 Category: Principal judgment Parties: Edward Anthony Hall (Applicant) Crown (Respondent) Representation: Counsel: E Wilkins SC (Respondent)