Passmore v R [2023] NSWCCA 65

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Passmore v R [2023] NSWCCA 65 Hearing dates: 7 March 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Before: Payne JA at [1] Garling J at [78] Yehia J at [83] Decision: (1) Appeal allowed. (2) Quash the appellant's conviction. (3) Enter verdict of acquittal on count 1 in the indictment. Catchwords: CRIME — Appeals — Appeal against conviction — whether jury verdict unreasonable— where appellant convicted of one count of making an indecent communication to a person under 16 — Crown case that indecent words were spoken in a phone call on one particular date — Crown required to prove beyond reasonable doubt that offending occurred on that date — whether jury must have had doubt that the words were spoken in a call on that date — where evidence of date of call was inconsistent — where complainant's evidence of date of call was unreliable Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Code Act 1995 (Cth), Schedule, Criminal Code Telecommunications Act 1997 (Cth) Cases Cited: Dansie v R (2022) 403 ALR 221; [2022] HCA 25 Douglass v The Queen (2012) 290 ALR 699; [2012] [2012] HCA 34 Libke v The Queen (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 McDonald; R v Deblaquiere (2013) 233 A Crim R 185; [2013] ACTSC 122 R v Sloane [2001] NSWCCA 421; (2001) 126 A Crim R 188 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Category: Principal judgment Parties: Mark Passmore (Appellant) Crown (Respondent) Representation: Counsel: