Hugo (a pseudonym) v R [2021] NSWCCA 99

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hugo (a pseudonym) v R [2021] NSWCCA 99 Hearing dates: 1 March 2021 Date of orders: 17 May 2021 Decision date: 17 May 2021 Before: Gleeson JA at [1] Harrison J at [81] Bellew J at [82] Decision: (1) Grant leave to appeal against conviction. (2) Appeal allowed. (3) Quash the conviction of the appellant on count 1 and set aside the sentence imposed in the District Court on 8 March 2019. (4) In lieu, direct a verdict of acquittal be entered on count 1. Catchwords: CRIMINAL LAW – appeal – leave to appeal against conviction – question of mixed fact and law – where applicant convicted of one sexual offence against a child and acquitted of multiple similar offences against that child and another – where guilty verdict depended on complainant's credibility – whether guilty verdict unreasonable having regard to inconsistency with acquittals on other counts – whether acquittals necessarily indicate the jury had a doubt about complainant's credibility – Criminal Appeal Act 1912 (NSW), s 6(1) Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 61M(2), 578A Criminal Appeal Act 1912 (NSW), ss 5(1), 6(1) Cases Cited: MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 R v Roos [2019] NSWCCA 67 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Category: Principal judgment Parties: Hugo (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: A Evers (Applicant) C Young (Respondent)