Cheung v R [2022] NSWCCA 168

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cheung v R [2022] NSWCCA 168 Hearing dates: 24 November 2021 Decision date: 12 August 2022 Before: Simpson AJA at [1]; Ierace J at [4]; Dhanji J at [170] Decision: (1) With respect to the application for leave to appeal against conviction: (a) Grant leave to appeal. (b) Dismiss the appeal. (2) With respect to the application for leave to appeal against sentence: (a) Grant leave to appeal. (b) Dismiss the appeal. Catchwords: CRIME – Appeals – Appeal against conviction – Unreasonable verdict – where applicant convicted by jury of single count of sexual intercourse with a three year old girl – where complaint made in response to leading question of complainant's parents – whether verdict of guilty open to jury – where video exhibits of complainant's evidence available to Court of Criminal Appeal – where applicant relied on a number of identified inconsistencies in the evidence – consideration of reliability of complainant's account CRIME – Appeals – Appeal against sentence – Manifest excess – where applicant sentenced to term of imprisonment – where maximum penalty for offence was life imprisonment – where finding of special circumstances made – whether sentence manifestly excessive – where applicant relied on comparable cases – where assessment of objective seriousness not challenged Legislation Cited: Crimes Act 1900 (NSW), s 66A Criminal Procedure Act 1986 (NSW), Sch 2, cll 84, 88 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 21A, 54D Evidence Act 1995 (NSW), ss 13, 18, 38 Cases Cited: AT v R [2020] NSWCCA 178 Browne v Dunn (1893) 6 R 67 BT v R [2019] NSWCCA 147 BS v R [2021] NSWCCA 39 Dickson v R (2017) 94 NSWLR 476; [2017] NSWCCA 78 EG v R [2015] NSWCCA 21 Koloamatangi v R; Popovic v R (2020) 282 A Crim R 160; [2020] NSWCCA 52 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v GW (2016) 258 CLR 108; [2016] HCA 6 R v King [2009] NSWCCA 117 R v ND [2016] NSWCCA 103 R v Scavera [2016] NSWCCA 145 RC v R [2020] NSWCCA 76 Scott v R [2020] NSWCCA 81 Category: Principal judgment Parties: Wing Hong Cheung (Applicant) Regina (Respondent) Representation: Counsel: M C Ramage QC; A Cook (Applicant) C Curtis (Crown)