Williams v R [2021] NSWCCA 25

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Williams v R [2021] NSWCCA 25 Hearing dates: 15 February 2021 Decision date: 03 March 2021 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Adamson J at [3] Decision: (1) Reject the affidavit of Ben Cochrane affirmed 1 February 2021 on the ground of relevance. (2) Grant leave to the appellant to appeal. (3) Dismiss the appeal. (4) Pursuant to s 28A(2) of the Criminal Appeal Act 1912 (NSW), the applicant's sentence is to recommence on 3 March 2021. (5) The Court notes for the purpose of s 18(2) of the Criminal Appeal Act that the period of 75 days, being from 18 December 2020 to 2 March 2021 (inclusive of both dates), does not count as part of the sentence of imprisonment imposed in the District Court on 22 July 2020. (6) The Court notes for the purpose of s 48 of the Crimes (Sentencing Procedure) Act 1999 (NSW) that the non-parole period will now expire on 4 June 2022 upon which date the applicant will be eligible for release on parole. (7) The sentence will now expire on 3 October 2023. Catchwords: CRIME — Appeals — Appeal against conviction — Unreasonable verdict – whether Murray direction required in respect of complainant's evidence CRIME – Appeals – trial by judge alone – adequacy of reasons Legislation Cited: Crimes (Forensic Procedures) Act 2000 (NSW), Pt 5 Crimes (Sentencing Procedure) Act 1999 (NSW), s 48 Criminal Appeal Act 1912 (NSW), s 28A Criminal Procedure Act 1986 (NSW), ss 18, 33, 133, 294AA Criminal Procedure Amendment (Sexual and Other Offences) Act 2006 (NSW) Evidence Act 1995 (NSW), ss 116, 165, 177 Cases Cited: Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 Ewen v R [2015] NSWCCA 117 Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 Kaifoto v R [2006] NSWCCA 186 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Pell v The Queen [2020] HCA 12; (2020) 94 ALJR 394 R v Baartman [2000] NSWCCA 298 R v Birks (1990) 19 NSWLR 677 R v Murray (1987) 11 NSWLR 12 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Principal judgment Parties: Michael Patrick Williams (Appellant) Regina (Respondent) Representation: Counsel: S Lawrence (Appellant) K Jeffreys (Respondent)