HS v R [2023] NSWCCA 54

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: HS v R [2023] NSWCCA 54 Hearing dates: 1 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Before: Beech-Jones CJ at CL at [1] Davies at [5] McNaughton J at [43] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIMINAL LAW – appeals – against conviction – two counts of indecent assault of child under 16 years – one count of commit act of indecency towards child under 16 years – one count of attempted sexual intercourse with child under 10 years – applicant acquitted on last two counts but convicted on first two counts – whether inconsistent verdicts – where evidence on all counts not based solely on account of victim – where other evidence on last two counts may have raised a doubt in the jury's mind – where tendency evidence admitted in relation to first two counts – verdicts not inconsistent Legislation Cited: Crimes Act 1900 (NSW) ss 61M, 61N, 66B Cases Cited: MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Walker v R [2019] NSWCCA 4 Texts Cited: Nil Category: Principal judgment Parties: HS (Applicant) The King (Respondent) Representation: Counsel: P Segal (Applicant) M Millward (Respondent)