GN v R [2024] NSWCCA 39

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GN v R [2024] NSWCCA 39 Hearing dates: 4 March 2024 Decision date: 13 March 2024 Before: Adamson JA at [1]; Davies J at [217]; Garling J at [218] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL PROCEDURE — sexual offence proceedings — applicant convicted of indecent assault of and sexual intercourse with a child under the age of 10 — victim gave detailed description of ejaculation when interviewed by police at the age of 11 — effect of prohibition in to s 293 Criminal Procedure Act 1986 (NSW) (now s 294CB of Crimes Act 1900 (NSW)) — whether Crown was entitled to make submission to the effect that victim would not have known about ejaculation other than because of the offending conduct — whether trial judge was entitled to infer that victim would not have known about ejaculation other than because of the offending conduct EVIDENCE — discretions — exclusion of evidence — criminal proceedings — whether trial judge erred in not accepting evidence of witness (a child) which was contradicted by complainant — reasons for verdict to be read as a whole to determine why such evidence was rejected CRIMINAL PROCEDURE — sexual offence proceedings — complaint evidence — minor inconsistencies in complaint evidence — whether trial judge entitled to address alleged inconsistencies in global way in reasons for verdict EVIDENCE — whether trial judge was obliged to refer to evidence of witness whose evidence was of little or no probative value in reasons for verdict JUDGES — Courts — Duty of trial judge in trial by judge alone to give reasons for verdict — whether infelicitous phrase revealed error — requirement to read judgment fairly and as a whole Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 66A, 409B Criminal Procedure Act 1986 (NSW), ss 133, 293 Evidence Act 1995 (NSW), s 144 Cases Cited: AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 DH v R [2020] NSWCCA 2 Dries v R [2022] NSWCCA 33 Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 HG v The Queen (1999) 197 CLR 414; [1999] HCA 2 Hodgson v R [2022] NSWCCA 72 Hopgood v R [2019] NSWCCA 246 Munn v R; Miller v R [2006] NSWCCA 61 R v BK [2022] NSWCCA 51 Small v K & R Fabrications (W'gong) Pty Ltd [2016] NSWCA 70 Y v R [2009] NSWCCA 287 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 18 March 1981 Category: Principal judgment Parties: GN (Applicant) Rex (Respondent) Representation: Counsel: D Carroll (Applicant) G Newton SC (Respondent)