DS v R [2022] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DS v R [2022] NSWCCA 55 Hearing dates: 15 October 2021 Date of orders: 21 March 2022 Decision date: 21 March 2022 Before: Meagher JA at [1]; Fullerton J at [94]; Adamson J at [123] Decision: Application to extend time to appeal refused. Catchwords: CRIMINAL LAW – appeals – application for leave to appeal against conviction – proposed appeal on mixed questions of fact and law – trial by judge alone – where applicant convicted on 21 counts of sexual intercourse without consent and two related offences – where offences committed against wife as "punishment" for alleged infidelity – whether trial judge misdirected himself as to element of consent under Crimes Act 1900 (NSW), s 61HA – whether trial judge erred in admitting evidence as to relationship or in using it to engage in tendency reasoning – whether verdict unreasonable or cannot be supported CRIMINAL LAW – appeals – application for extension of time in which to appeal – whether merit in any proposed ground of appeal – extension of time refused Legislation Cited: Crimes Act 1900 (NSW), ss 35(2), 61H, 61HA, 61I, 61J, 61JA, 61K, 61KA, 344 Crimes (Sexual Assault) Amendment Act 1981 (NSW) Criminal Appeal Act 1912 (NSW), s 5(1)(b), 10 Criminal Appeal Rules (NSW), r 3.1(3) Criminal Procedure Act 1986 (NSW), s 294 Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Franklin v R [2021] NSWCCA 260 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Olivieri v R [2016] NSWCCA 169 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 PGA v The Queen (2012) 245 CLR 355; [2012] HCA 21 Roach v The Queen (2011) 242 CLR 610; [2011] HCA 12 TA v R [2015] NSWCCA 151 Wilson v The Queen (1970) 123 CLR 334; [1970] HCA 17 Category: Principal judgment Parties: DS (Applicant) Regina (Respondent) Representation: Counsel: Applicant (In person) G Newton (Respondent)