Chambers v R [2024] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chambers v R [2024] NSWCCA 94 Hearing dates: 26 April 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Before: Davies J at [1]; Wright J at [4]; McNaughton J at [119] Decision: (1) The applicant has leave to appeal against his conviction. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction – unreasonable verdict – whether verdict of not guilty on one count was inconsistent with verdict of guilty on the other count and thus the guilty verdict was unreasonable – whether verdict of not guilty only explicable on basis that the jury rejected or had at least a reasonable doubt about the complainant's credibility – there was a rational explanation for the verdict of not guilty that did not depend on rejecting or having a reasonable doubt about the complainant's credibility – appeal against conviction dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 66C(2), 66EB(3), 578A Criminal Appeal Act 1912 (NSW), ss 5(1)(b), 6(1) Cases Cited: Black v the Queen (1993) 179 CLR 44; [1993] HCA 71 Ha v R [2023] NSWCCA 274 Lenior v R [2023] NSWCCA 242 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 NW v R [2023] NSWCCA 134 Shiv v R [2021] NSWCCA 245 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Walker v R [2019] NSWCCA 4 Z (a pseudonym) v R [2022] NSWCCA 8 Category: Principal judgment Parties: David Chambers (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: D Carroll (Applicant) S Traynor (Respondent)