Bargero v R [2023] NSWCCA 192

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bargero v R [2023] NSWCCA 192 Hearing dates: 03 July 2023 Decision date: 02 August 2023 Before: Kirk JA at [1]; Rothman J at [2]; N Adams J at [77] Decision: (1) Leave to appeal granted; (2) Appeal dismissed. Catchwords: CRIME – APPEALS – conviction appeal – Judge alone trial – inconsistent versions – Liberato – trial judge finding lack of direct inconsistency in considered statements of applicant – effect of intoxication – including of applicant to recall – no error in shortened Liberato direction – no reasonable doubt on analysis of evidence – no error Legislation Cited: Criminal Procedure Act 1986 (NSW), s 133 Cases Cited: De Silva v The Queen (2019) 268 CLR 57; [2019] HCA 48 Douglass v The Queen (2012) 86 ALJR 1086; [2012] HCA 34 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 65 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Murray v The Queen (2002) 211 CLR 193; [2002] HCA 26 Category: Principal judgment Parties: Marc John Bargero (Applicant) Crown (Respondent) Representation: Counsel: D Randle (Applicant) M Kumar / L Christoff (Respondent)

Solicitors: Conditsis Lawyers (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2020/186818 Publication restriction: Section 578A of the Crimes Act 1900 (NSW) and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) prevent the publication of any matter which is likely to lead to the identification of the complainant or any other underage witnesses. Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 26 August 2022 Before: Gartelmann SC DCJ File Number(s): 2020/186818