BS v R [2021] NSWCCA 39

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BS v R [2021] NSWCCA 39 Hearing dates: 20 November 2020 Date of orders: 19 March 2021 Decision date: 19 March 2021 Before: Hoeben CJ at CL at [1] Davies J at [2] Fagan J at [91] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIME - appeals - appeal against conviction and sentence - applicant found guilty of four offences contrary to ss 61M(2) and 66A - two separate complainants both grandnieces of the applicant aged 7 and 12 - indecent assaults and digital penetration - whether the trial judge erred in directing the jury that evidence of complaint was independent of what two complainants said in court - whether trial judge erred in admitting a statement on sentence containing hearsay - where the statement impugned applicant's character but was not tendered for that purpose - where applicant did not raise good character - whether the sentence was manifestly excessive - appeal dismissed Legislation Cited: Crimes Act 1900 (Cth) s 16A Crimes Act 1900 (NSW) ss 61M, 66A Crimes (Sentencing Procedure) Act 1999 (NSW) s 21 Criminal Appeal Act 1912 (NSW) ss 5, 6 Criminal Appeal Rules 1952 r 4 Evidence Act 1995 (NSW) s 4 Cases Cited: DV v R [2017] NSWCCA 276 Farkas v R [2014] NSWCCA 141 Papakosmas v The Queen (1999) 196 CLR 297 Parkinson v R [2016] NSWCCA 49 R v Alvarez [2011] NSWCCA 33; (2011) 209 A Crim R 297 R v Bourchas [2002] NSWCCA 373; (2002) 133 A Crim R 413 R v Elfar [2003] NSWCCA 358 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v Scott [2020] NSWCCA 81 RC V Regina [2020] NSWCCA 76 Regina v Skuse (NSW Court of Criminal Appeal, 24 October 1996, unrep) SB v R [2020] NSWCCA 207 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Texts Cited: Judicial Commission of NSW, Criminal Trial Courts Bench Book Category: Principal judgment Parties: BS (Appellant) Crown (Respondent) Representation: Counsel: J Stratton (Appellant) B Baker (Respondent)