O’Connell v R [2022] NSWCCA 213

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Connell v R [2022] NSWCCA 213 Hearing dates: 17 June 2022 Date of orders: 07 October 2022 Decision date: 07 October 2022 Before: Ward P at [1] Mitchelmore JA at [3] Lonergan J at [116] Decision: (1) Grant leave to the applicant to file the Notice of Appeal after the expiry of the filing period. (2) Grant leave to appeal. (3) Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction – unreasonable verdict – sexual intercourse with a child under 10 years and aggravated indecent assault – victim three years old – no direct evidence of acts the subject of the offences – evidence of witness about applicant sending videos by phone recording the two acts – WhatsApp exchanges between applicant and witness relied on as admissions and tendency evidence – evidence of second witness shown video of indecent assault by applicant on her phone CRIME – appeals – appeal against conviction – extension of time in which to seek leave to appeal Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 61M(2), 66A, 578A Criminal Appeal Act 1912 (NSW), s 5(1)(b) Evidence Act 1995 (NSW), s 191 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 3.5(1)(b) and (5) Cases Cited: AJ v R [2022] NSWCCA 136 Dansie v The Queen [2022] HCA 25; (2022) 403 ALR 221 Libke v R (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 SKA v R (2011) 243 CLR 400; [2011] HCA 13 Category: Principal judgment Parties: Rhiannan Lee O'Connell (Applicant) Regina (Crown) Representation: Counsel: T Hennessy (Applicant) E Nicholson (Crown)