Murray v R [2023] NSWCCA 79

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Murray v R [2023] NSWCCA 79 Hearing dates: 1 February 2023 Decision date: 12 April 2023 Before: Rothman J at [1] Wilson J at [4] Yehia J at [126] Decision: 1. Extend the time to file the application for leave to appeal as necessary; 2. Grant leave to appeal; and 3. Dismiss the appeal. Catchwords: CRIME – appeal against conviction – aggravated sexual assault – whether the verdict of the jury is unreasonable or unsupported by the evidence – lack of opportunity – whether the jurors were alive to the inconsistencies, discrepancies and other inadequacies in the evidence – complainant's evidence not implausible or incredible – jury entitled to prefer evidence of the complainant – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: AJ v R [2022] NSWCCA 136 Category: Principal judgment Parties: Jamie Murray (Applicant) Rex (Respondent) Representation: Counsel: A Evers (Applicant) A Bonner (Respondent)

Solicitors: Legal Aid NSW (Applicant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2018/149713 Publication restriction: Statutory non-publication order protecting the identity of complainant. Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 14 December 2020 Before: Blackmore SC DCJ File Number(s): 2018/149713