GS v R [2022] NSWCCA 225

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GS v R [2022] NSWCCA 225 Hearing dates: 27 June 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Before: Beech-Jones CJ at CL at [1] Garling J at [61] Wilson J at [65] Decision: (1) The Applicant be granted leave to raise ground 4 of the notice of appeal; (2) The Appeal be dismissed. Catchwords: CRIMINAL LAW – conviction appeal – applicant found guilty of one count of sexual assault – trial by judge alone – context evidence as to systemic sexual assault of victim, siblings and cousins by other members of the family – whether verdict was unreasonable and cannot be supported by the evidence – approach to trial by judge alone – asserted inconsistencies and delay by victim in coming forward – ground rejected – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Dansie v The Queen (2022) 96 ALJR 728; [2022] HCA 25 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 Category: Principal judgment Parties: GS (Applicant) The King (Respondent) Representation: Counsel: Mr P Doyle (Applicant) Ms M Millward (Respondent)