Davis v R [2024] NSWCCA 120

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Davis v R [2024] NSWCCA 120 Hearing dates: 26 June 2024 Decision date: 12 July 2024 Before: Adamson JA at [1]; Price AJA at [171]; Garling J at [180] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME — appeals — appeal against conviction — inconsistent verdicts — whether guilty verdict on count of aggravated indecent assault was inconsistent with acquittal on count of aggravated sexual assault — where sole evidence of both counts was that of the complainant — where the two counts allegedly occurred in sequence — whether there was a rational explanation for the different verdicts CRIME — appeals — appeal against conviction — unreasonable verdict — whether guilty verdicts could be supported having regard to the evidence — where large majority of the evidence was that of the complainant — where there were inconsistencies in complainant's evidence — whether complainant's evidence lacked credibility — whether it was unreasonable for the jury to accept the complainant's version — where complainant was a 14-year-old indigenous boy Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 61J Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), ss 293A, 294 Cases Cited: AS v R [2022] NSWCCA 291 BCM v The Queen [2013] HCA 48; (2013) 88 ALJR 101 Decision Restricted [2024] NSWCCA 81 Lee v R [2023] NSWCCA 203 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Nguyen v R [2017] NSWCCA 145 Onassis and Calogeropoulos v Vergottis [1968] 2 Lloyd's Rep 403 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v ACK [2000] NSWCCA 180 R v Johnston (1998) 45 NSWLR 362 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 Reed v R [2006] NSWCCA 314 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Z (a pseudonym) v R [2022] NSWCCA 8 Category: Principal judgment Parties: Bradley Michael Davis (Applicant) Rex (Respondent) Representation: Counsel: T Game SC / R McMahon (Applicant) M Millward (Respondent)