Mura v R [2021] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mura v R [2021] NSWCCA 240 Hearing dates: 28 July 2021 Date of orders: 6 October 2021 Decision date: 06 October 2021 Before: Macfarlan JA at [1]; Davies J at [60]; Beech-Jones J at [61] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – appeals – application for leave to appeal against convictions – unreasonable verdict ground – offences of participate as client in act of child prostitution – whether Crown proved that applicant knew complainants were under 18 years at time of alleged offences – whether one complainant retracted evidence in cross-examination – whether other complainant's evidence of post-offence conversation capable of proving applicant's knowledge at time of offence – relevance of retrospectant evidence considered Legislation Cited: Crimes Act 1900 (NSW), ss 91C, 91D(1)(b) Criminal Appeal Act 1912 (NSW), ss 5(1), 6(1) Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Hamilton v The Queen [2020] NSWCCA 80 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 R & B Customs Brokers Co Ltd v United Dominions Trust Ltd [1988] 1 All ER 847; [1988] 1 WLR 321 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 R v Biber [2018] NSWCCA 271 R v Musleh (No 5) [2018] NSWSC 1927 Wright v Lemon (No 2) [2021] WASC 159 Texts Cited: J D Heydon, Cross on Evidence (LexisNexis, online ed at 14 September 2021) Category: Principal judgment Parties: Rino Raymond Mura (Applicant) Regina (Respondent) Representation: Counsel: A Bellanto QC / M Sahade (Applicant) E Wilkins SC (Respondent)