Khan v R [2022] NSWCCA 157

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Khan v R [2022] NSWCCA 157 Hearing dates: 21 February 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Before: Price J at [1]; N Adams J at [9]; Ierace J at [189]. Decision: (1) Grant the applicant leave to appeal. (2) Allow the appeal. (3) Quash the convictions of the applicant. (4) Enter verdicts of acquittal. Catchwords: CRIME – appeals – appeal against conviction – sexual offences committed on six-year-old boy in neighbour's house – defects in complainant's identification (or recognition) evidence of perpetrator – certain recollections contradicted by other evidence – risk of suggestion and displacement – where witnesses changed evidence after communicating with each other – jury ought to have had a reasonable doubt as to whether the applicant was the perpetrator – appeal allowed – convictions quashed – acquittal Legislation Cited: Crimes Act 1900 (NSW), ss 61M(2), 66A(1) Criminal Appeals Act 1912 (NSW), s 5(1)(b) Cases Cited: Alexander v The Queen (1981) 145 CLR 395; [1981] HCA 17 Domican v The Queen (1992) 173 CLR 55; [1992] HCA 13 Kassab (a pseudonym) v R [2021] NSWCCA 46 Kees Langelaar v R [2016] NSWCCA 143 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Penfold v R [2016] NSWCCA 101 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Blick [2000] NSWCCA 61; 111 A Crim R 326 Sita v R [2022] NSWCCA 90 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 VP v R [2021] NSWCCA 11 Wood v R [2012] NSWCCA 21 Category: Principal judgment Parties: Kalime Khan (Applicant) Regina (Respondent) Representation: Counsel: P Coady (Applicant) E Balodis (Crown)