DS v R [2021] NSWCCA 52

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DS v R [2021] NSWCCA 52 Hearing dates: On the papers – 5 March 2021 Decision date: 26 March 2021 Before: Basten JA at [1]; Walton J at [53]; Button J at [54] Decision: (1) Grant the applicant an extension of time within which to seek leave to appeal against his convictions and sentence, up to and including 28 July 2020. (2) Grant the applicant leave to appeal against his convictions, but dismiss the appeal. (3) Dismiss the application for leave to appeal against sentence. Catchwords: CRIME – appeals – leave to appeal against convictions – extension of time – delay caused by risk to safety of applicant while in custody CRIME – child sex offences – sexual intercourse with child under 10 by digital penetration – sexual intercourse with child between 10 and 14 years – indecent assaults CRIME – appeals – appeal against conviction – conviction on 14 charges, acquittal on 3 charges – whether verdicts inconsistent – whether dismissal of particular charges affected credibility of complainant – whether basis for jury to distinguish between reliability of evidence on different charges – whether verdicts unreasonable and unsupported on the evidence CRIME – appeals – application for leave to appeal against sentence – applicant's age and ill-health – conditions of imprisonment – whether taken into account by sentencing judge – seriousness of offending – multiple offences against step-daughter – victim aged between 8 and 13 years – whether aggregate sentence manifestly excessive Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 276 Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), s 306I Evidence Act 1995 (NSW), s 110 Cases Cited: TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Category: Principal judgment Parties: DS (Applicant) Regina (Respondent) Representation: Counsel: Applicant unrepresented M Kumar (Respondent)