Ahosivi v R [2024] NSWCCA 56

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ahosivi v R [2024] NSWCCA 56 Hearing dates: 11 March 2024 Date of orders: 29 April 2024 Decision date: 29 April 2024 Before: Ward P at [1]; Rothman J at [89]; Wright J at [93] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against conviction – Unreasonable verdict – Sexual offences – Sexual touching – Whether CCTV footage demonstrated the particularised act of sexual touching – Where complainant alleged to have demonstrated affectionate behaviour towards applicant – Whether jury should have had reasonable doubt as to consent Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 8 Crimes Act 1900 (NSW), ss 61KC(a), 61I Criminal Appeal Act 1912 (NSW), ss 5, 6 Cases Cited: AJ v R (2022) 110 NSWLR 339; [2022] NSWCCA 136 Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25 M v The Queen(1994) 181 CLR 487; [1994] HCA 63 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 Rubinstein v R [2023] NSWCCA 288 Category: Principal judgment Parties: Williams Mahe Ahosivi (Appellant) Rex (Respondent) Representation: Counsel: T Bicanic (Appellant) S Traynor (Respondent)

Solicitors: Bannisters Lawyers (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2022/00036536 Publication restriction: Section 578A of the Crimes Act 1900 (NSW) prevents the publication of any matter which is likely to lead to the identification of the complainants Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 19 September 2023 Before: G O'Rourke J File Number(s): 2022/00036536