SM v R [2022] NSWCCA 13

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SM v R [2022] NSWCCA 13 Hearing dates: 18 June 2021 Decision date: 09 February 2022 Before: McCallum JA at [1]; Rothman J at [57]; Wright J at [58]. Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME — Appeals — Appeal against conviction — Unreasonable verdict — whether failure to reach verdict on certain counts informs the reasonableness of jury's guilty verdicts — whether evidentiary inconsistencies affected complainant's reliability Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Crimes Act 1900 (NSW), ss 66C(2), 66C(4), 578A Cases Cited: Daaboul v R (2019) 100 NSWLR 682; [2019] NSWCCA 191 Libke v R (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 PA v R [2015] NSWCCA 18 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Category: Principal judgment Parties: SM (Applicant) Crown (Respondent) Representation: Counsel: I McLachlan (Applicant) M A Kumar (Crown)

Solicitors: Nyman Gibson Miralis (Applicant) Director of Public Prosecutions (Crown) File Number(s): 2017/159300 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW), publication of any matter that identifies the complainant or any matter which is likely to lead to her identification is prohibited. Because they are related, identifying information concerning the applicant has been anonymized in this judgment. Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 7 February 2020 Before: Pickering SC DCJ File Number(s): 2017/159300