McCarthy v R [2023] NSWCCA 56

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McCarthy v R [2023] NSWCCA 56 Hearing dates: 3 March 2023 Date of orders: 29 March 2023 Decision date: 29 March 2023 Before: Bell CJ [1] Davies at [2] N Adams J at [93] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIME – Appeals – Appeal against conviction – Unreasonable verdict – multiple counts of sexual offences – where Applicant found guilty on two counts and acquitted on four counts – whether verdicts of guilty are unreasonable due to inconsistency with verdicts of not guilty – single complainant – acquittals able to be explained without recourse to complainant's credibility – ground rejected – whether on all of the evidence it was open to the jury to be satisfied of the applicant's guilt beyond reasonable doubt – ground rejected – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 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: Alan John McCarthy (Applicant) The King (Respondent) Representation: Counsel: P Segal (Applicant) D Scully (Respondent)

Solicitors: Tess Williams – Criminal & Traffic Law (Applicant) Solicitor for Public Prosecutions NSW (Respondent) File Number(s): 2019/265039 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: Nil Date of Decision: 8 July 2021 Before: Taylor SC DCJ File Number(s): 2019/265039