BJ v R [2023] NSWCCA 77

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BJ v R [2023] NSWCCA 77 Hearing dates: 18 November 2022 Date of orders: 5 April 2023 Decision date: 05 April 2023 Before: Harrison J; Fagan J; Yehia J Decision: 1. Grant leave to appeal against conviction and sentence. 2. Dismiss the appeal. Catchwords: CRIME – appeals – appeal against conviction – claimed discrepancies in complainant's evidence – verdicts of guilty not unreasonable – appeal dismissed CRIME – appeals – appeal against conviction – where one juror discharged during deliberations due to personal commitments – whether trial judge erred in failing to exercise discretion to discharge entire jury – appeal dismissed CRIME – appeals – appeal against sentence – sexual assault of girl aged 9 years – whether sentence manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 61M(2) and 66A Jury Act 1977 (NSW), ss 53B and 53C Cases Cited: BG v R [2012] NSWCCA 139 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 R v Neville [2018] NSWCCA 125 Wu v The Queen (1999) 199 CLR 99; [1999] HCA 52 Category: Principal judgment Parties: BJ (applicant) Rex (respondent) Representation: Counsel: W Terracini SC (applicant) C Curtis (respondent)

Solicitors: Shaddicks Lawyers (applicant) Solicitor for Public Prosecutions (NSW) (respondent) File Number(s): 2019/126069 Publication restriction: No Decision under appeal Court or tribunal: District Court Sydney Jurisdiction: Criminal Date of Decision: 27 May 2021 Before: Huggett DCJ File Number(s): 2019/126069