BS v R [2023] NSWCCA 114

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BS v R [2023] NSWCCA 114 Hearing dates: 5 April 2023 Date of orders: 5 April 2023 Decision date: 05 April 2023 Before: Simpson AJA at [1]; Button J at [27]; Hamill J at [28]; Decision: 1. The appeal is allowed; 2. The appellant's convictions are quashed; 3. There is to be a new trial; and 4. The matter be listed on 12 April 2023 at 9.00 am in District Court telephone call over list. Catchwords: CRIME – appeals – appeal against conviction – trial by judge alone – error of fact conceded by the Crown – error central to the trial judge's reasoning – appeal allowed – new trial Legislation Cited: Crimes Act 1900 (NSW) ss 61M, 66C Criminal Appeal Act 1912 (NSW) s 5 Criminal Procedure Act 1986 (NSW) ss 132, 133 Category: Principal judgment Parties: BS (Applicant) Crown (Respondent) Representation: Counsel: T Quilter (Applicant) E Balodis (Crown/Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2019/338898, 2023/108431 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 3 December 2020 Before: Tupman DCJ File Number(s): 2019/338898