RN v R [2024] NSWCCA 20

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RN v R [2024] NSWCCA 20 Hearing dates: 7 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Before: Ward P at [1] Lonergan J at [2] Sweeney J at [3] Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: CRIME — Appeals — Appeal against conviction — Sexual assault and intimidation offences — Where trial judge did not give Markuleski direction — Unreasonable verdict Legislation Cited: Criminal Procedure Act 1986 (NSW) Supreme Court (Criminal Appeal) Rules 2021 (NSW) Cases Cited: Keen v R [2020] NSWCCA 59 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Passmore v R [2023] NSWCCA 65 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 RWC v R [2013] NSWCCA 58 Saunders v R [2022] NSWCCA 273 Zhou v R [2021] NSWCCA 278 Texts Cited: Nil Category: Principal judgment Parties: RN (Applicant) Rex (Crown) (Respondent) Representation: Counsel: S Kluss (Applicant) S Lind (Respondent)

Solicitors: Ross Hill & Associate Solicitors (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2020/184075 Publication restriction: Pursuant to s 578A Crimes Act 1900 (NSW), publication of any matter which identifies or is likely to lead to the identification of the complainant prohibited Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 23-29 March 2023 Before: Pickering SC DCJ File Number(s): 2020/184075