BW v R [2023] NSWCCA 146

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BW v R [2023] NSWCCA 146 Hearing dates: 17 March 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Before: Simpson AJA at [1] Garling J at [97] Ierace J at [259] Decision: (1) Leave to appeal granted. (2) Appeal dismissed Catchwords: CRIME — Appeals — Appeal against conviction — unreasonable verdict — inconsistent verdict — where applicant had been convicted on two counts but acquitted on four others — where all six counts involved the same complainant — where alleged conduct and circumstances the subject of the counts were similar in many respects — where the prosecution's evidence was largely and principally that of the complainant — where the applicant gave evidence and denied that the offending conduct occurred — whether verdicts on counts for which applicant had been convicted were unreasonable or could not be supported having regard to the evidence — whether verdicts of guilty on those counts were inconsistent with verdicts of not guilty on other counts — leave to appeal granted — appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Jury Act 1977 (NSW) Cases Cited: Black v The Queen (1993) 179 CLR 44; [1993] HCA 7 Cullen v R [2022] NSWCCA 63 Dansie v The Queen [2022] HCA 25 Filippas v The Queen (2015) 256 CLR 47; [2015] HCA 29 Ganiji v The Queen [2019] NSWCCA 208 Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56 Keen v The Queen [2020] NSWCCA 59 Liberato v The Queen (1985) 159 CLR 507 M v The Queen (1994) 181 CLR 487; [1994] HCA 63; Mackenzie v The Queen (1996) 190 CLR 348 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Pell v The Queen [2020] 268 CLR 123; [2020] HCA 12 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 Saunders v R [2022] NSWCCA 273 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Slattery v R [2023] NSWCCA 117 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 TK v The Queen (2009) 74 NSWLR 299; [2009] NSWCCA 151 Texts Cited: Not Applicable Category: Principal judgment Parties: BW (App) The Crown (Resp) Representation: Counsel: K Stares SC / S McKensey (App) E Balodis (Resp)