Nadin (a pseudonym) v R [2022] NSWCCA 284

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nadin (a pseudonym) v R [2022] NSWCCA 284 Hearing dates: 7 December 2022 Decision date: 15 December 2022 Before: Leeming JA at [1]; Garling J at [42]; Adamson J at [43]. Decision: 1. Extend the time to appeal to 6 July 2022. 2. Grant leave to appeal. 3. Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction – applicant charged with multiple counts of committing acts of indecency upon a child – charged conduct amounted to three incidents on separate days involving the same child – jury returned not guilty verdicts on charges relating to second and third incidents but guilty verdicts on charges relating to first incident – Crown case rested upon evidence of the child – whether guilty verdicts should be quashed as inconsistent with not guilty verdicts – whether guilty verdicts otherwise unsafe and unsatisfactory – not guilty verdicts explicable by reference to nature of complainant's evidence – evidence capable of sustaining guilty verdicts – appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A(1) Crimes Act 1900 (NSW), ss 61M(2), 66C(2), 578A Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: Dansie v The Queen [2022] HCA 25; 96 ALJR 728 Dellow v R [2020] NSWCCA 301 Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56 MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 Pethybridge v R [2020] NSWCCA 185 Roos v R [2019] NSWCCA 67 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Category: Principal judgment Parties: Nadin (a pseudonym) (Applicant) Crown (Respondent) Representation: Counsel: B Levet (Applicant) M Millward (Crown)