Humphreys v R [2023] NSWCCA 205

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Humphreys v R [2023] NSWCCA 205 Hearing dates: 7 August 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Before: Simpson AJA at [1] Harrison J at [2] Dhanji J at [37] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeal – appeal against conviction – sexual offences – where Crown said to have invited impermissible lines of reasoning – whether Crown sought jury to draw adverse inference from applicant's exercise of right to silence – where subsequent direction by trial judge's efficacy never challenged – whether Crown in closing submissions misrepresented state of the evidence – whether Crown re-opened their case impermissibly via admitting exhibit – where admission not objected to Legislation Cited: Evidence Act 1995 (NSW) s 20 Supreme Court (Criminal Appeal) Rules 2021 (NSW) r 4.15 Cases Cited: R v Abdallah (2001) 127 A Crim R 46; [2001] NSWCCA 506 Category: Principal judgment Parties: Jason Humphreys (Applicant) Rex (Respondent) Representation: Counsel: K Averre with H Thomas-Dubler (Applicant) E Balodis (Respondent)

Solicitors: Smythe Wozniak Lawyers (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2019/107681 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: [2021] NSWDC 311 (sentence) Date of Decision: 3 May 2021 Before: Wilson SC DCJ File Number(s): 2019/00107681