Maber (a pseudonym) v R [2022] NSWCCA 106

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Maber (a pseudonym) v R [2022] NSWCCA 106 Hearing dates: 6 April 2022 Decision date: 30 May 2022 Before: Leeming JA at [1]; Hamill J at [84]; Ierace J at [100]. Decision: 1. Grant leave to appeal. 2. Appeal dismissed. Catchwords: CRIME – appeal against conviction – applicant convicted of 13 assaults, acts of indecency, indecent assault and aggravated sexual intercourse against three complainants – applicant challenged jury's verdicts on 7 counts – challenged counts involved all offences with one complainant and some offences involving a second complainant – whether convictions were unreasonable – inconsistencies in complainants' evidence – absence of record of complaint of assault in contemporaneous notes taken by police officer – weaknesses in Crown case at forefront of addresses to jury – no challenge to other convictions, nor to the applicant's history of domestic violence – having regard to advantages of jury, no basis for setting aside guilty verdicts – leave granted but appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 578A Children (Criminal Proceedings) Act 1987 (NSW), s 15A Criminal Appeal Act 1912 (NSW), s 5(1)(b) Evidence Act 1995 (NSW), s 191 Cases Cited: Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 Chidiac v The Queen (1991) 171 CLR 432; [1991] HCA 4 Hodgson v R [2022] NSWCCA 72 R v Cawthray v R [2013] NSWCCA 105 R v VHP (Court of Criminal Appeal (NSW), 7 July 1997, unrep) R v Westerman (1991) 55 A Crim R 353 Category: Principal judgment Parties: Maber (a pseudonym) The Crown Representation: Counsel: S Hall SC (Applicant) M Millward (Crown)