Hodgson v R [2022] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hodgson v R [2022] NSWCCA 72 Hearing dates: 18 March 2022 Date of orders: 18 March 2022 Decision date: 06 April 2022 Before: Leeming JA at [1]; Rothman J at [108]; Hamill J at [114]. Decision: Orders made on 18 March 2022: 1. To the extent necessary grant leave to appeal. 2. Appeal allowed. 3. Quash the convictions on all counts. 4. The Court reserves on the question of retrial or acquittal in respect of any or all of the counts. 5. Bail is granted on conditions that (i) the appellant resides at xxxxx and (ii) the appellant attends court as and when required and in the manner required. 6. Reasons are reserved. Orders made on 6 April 2022: Further to the orders made on 18 March 2022, enter acquittals on counts 1, 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 on the indictment dated 2 November 2020. Catchwords: CRIMINAL LAW – Appeal against conviction – judge alone trial - applicant found guilty of sexual assaults on two young boys some 50 years earlier – whether reasons of trial judge complied with s 133 of Criminal Procedure Act 1986 (NSW) – inconsistencies in complainants' evidence with established facts – divergence of complainants' evidence from their police statements – evidence of reconstruction of aspects of complainants' recollection – uncontradicted evidence of appellant's movements at the time – convictions quashed and acquittals entered Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Court Suppression and Non-publication Orders Act 2010 (NSW), s 6 Crimes Act 1900 (NSW), ss 80, 81, 81A, 578A Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), s 133, 294 Evidence Act 1995 (NSW), ss 165B, 191 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 Cases Cited: Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Galea v Galea (1990) 19 NSWLR 263 Liberato v The Queen (1985) 159 CLR 507 Prouten v Chapman [2021] NSWCA 207 R v Markuleski (2001) 52 NSWLR 82 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Robert Hodgson (Appellant) Crown (Respondent) Representation: Counsel: G Bashir SC (Appellant) B Hatfield, A Morris (Respondent)