Bolger v R [2021] NSWCCA 129

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bolger v R [2021] NSWCCA 129 Hearing dates: 28 May 2021 Date of orders: 16 July 2021 Decision date: 16 July 2021 Before: Harrison J at [1]; Adamson J at [95]; Bellew J at [96] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – appeal against conviction – where appellant convicted of setting fire to his house – destroying or damaging property – attempt to dishonestly obtain financial advantage from insurance company – where there are several available reasons why appellant may have not started fire – where it was open to jury to be satisfied beyond reasonable doubt that appellant's interpretation of evidence should not be accepted – where there are no inconsistencies in evidence that are irreconcilable with finding of appellant's guilt – verdict not unreasonable and can be supported having regard to evidence – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Coughlan v The Queen (2020) 267 CLR 654; [2020] HCA 15 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Category: Principal judgment Parties: Paul Anthony Bolger (Applicant) Crown (Respondent) Representation: Counsel: D Dalton SC with S Grey (Applicant) G Newton (Respondent)

Solicitors: Kiki Kyriacou Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2013/226968 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2018] NSWDC 285 Date of Decision: 26 April 2018 Before: Norrish QC DCJ File Number(s): 2013/226968