Rahman v R [2021] NSWCCA 290

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rahman v R [2021] NSWCCA 290 Hearing dates: 1 December 2021 Date of orders: 1 December 2021 Decision date: 10 December 2021 Before: Harrison J at [1] Davies J at [2] Wright J at [93] Decision: (1) Refuse leave to appeal under Rule 4.15 in respect of grounds 1 and 2. (2) Grant leave to appeal in respect of ground 3. (3) Appeal upheld. (4) Quash the appellant's conviction. (5) Order a re-trial. Catchwords: CRIME – appeals – appeal against conviction – applicant found guilty of four counts of aggravated indecent assault of a person under 16 – whether trial miscarried as a consequence of trial judge's failure to direct the jury in relation to lies – where lies relied on as affecting applicant's credibility only - no miscarriage of justice occasioned by trial judge's not giving an Edwards direction – character evidence – evidence only that applicant had no convictions - where trial judge did not give to jury the second part of usual character direction – no miscarriage of justice – failure to direct jury as to applicant's right to silence – where in applicant's ERISP applicant answered questions until specific allegations made by complainant were put to him – where applicant lost real possibility of an acquittal fairly open to him Legislation Cited: Crimes Act 1900 (NSW) s 61M Supreme Court (Criminal Appeal) Rules 2021 r 4.15 Cases Cited: Dhanoa v The Queen (2003) 217 CLR 1; [2003] HCA 40 Edwards v The Queen (1993) 178 CLR 193 Melbourne v The Queen (1999) 198 CLR 1 Petty v The Queen (1991) 173 CLR 95 R v Reeves (1992) 29 NSWLR 109 Taylor-Joycey v R [2021] NSWCCA 29 Xu v R [2019] NSWCCA 178 Texts Cited: Nil Category: Principal judgment Parties: Mizanur Rahman (Applicant) Crown (Respondent) Representation: Counsel: P Krisenthal (Applicant) M Millward (Respondent)