AS v R [2023] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AS v R [2023] NSWCCA 161 Hearing dates: 8 May 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Before: Basten AJA at [1]; Walton J at [47]; Hamill J at [48] Decision: (1) Extend time for the filing of the notice of appeal to 28 November 2022; (2) Grant the applicant leave to appeal against his convictions in the District Court; (3) Dismiss the appeal. Catchwords: CRIMINAL PROCEDURE – conviction appeal – extension of time – lengthy delay – whether possibility of substantial injustice if extension refused CRIMINAL PROCEDURE – multiple counts of sexual abuse of young girls – three co-offenders – tendency evidence against one co-offender relating to prior convictions for sexual offences with own daughter – application by applicant for separate trial refused – whether prejudice to applicant caused substantial miscarriage of justice Legislation Cited: Crimes Act 1900 (NSW), ss 66A, 66E Criminal Appeal Act 1912 (NSW), ss 5, 10 Criminal Procedure Act 1986 (NSW), s 29 Cases Cited: DR v R [2019] NSWCCA 320 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Category: Principal judgment Parties: AS (Appellant) Rex (Respondent) Representation: Counsel: G Wendler (Appellant) D Scully (Respondent)

Solicitors: Monica McKenzie Solicitors (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2013/000227199 Publication restriction: Non-publication order in relation to names of offenders and family members; statutory prohibition on identification of complainants. Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 23 August 2017; 23 March 2018 Before: Girdham DCJ File Number(s): 2013/00227199