Fisher v R [2024] NSWCCA 68

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fisher v R [2024] NSWCCA 68 Hearing dates: 26 February 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Before: Harrison CJ at CL at [1]; Cavanagh J at [122]; McNaughton J at [127] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – appeal against conviction – sexual touching contrary to 66DB(a) Crimes Act 1900 (NSW) – aggravated detention with intent to obtain advantage contrary to s 86(2)(b) Crimes Act 1900 (NSW) – whether Crown's closing address caused a miscarriage of justice – asserted reliance on matters not the subject of evidence – asserted reliance on matters subject to a tendency application brought by the applicant but successfully objected to by the Crown – asserted use of inflammatory words – whether verdicts unreasonable – whether the complainant's credibility is undermined because of her agitated presentation when giving evidence – whether complainant's evidence can be accepted having regard to its evolution from her initial complaint to pre-trial evidence – whether independent objective evidence undermines the alleged timing of events – leave granted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Supreme Court (Criminal Appeal) Rules 1970 (NSW) Cases Cited: Bolton v R [2023] NSWCCA 211 Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25 Hofer v The Queen (2021) 274 CLR 351; [2021] HCA 36 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Palmer v R [2018] NSWCCA 205 Robinson v R [2006] NSWCCA 192; (2006) 162 A Crim R 88 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 WC v R [2012] NSWCCA 231 Xie v R [2022] NSWCCA 185 Category: Principal judgment Parties: Owen Charles Fisher (Applicant) Rex (Respondent) Representation: Counsel: K Stares SC (Applicant) E Nicholson (Respondent)