Victor v R [2024] NSWCCA 122

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Victor v R [2024] NSWCCA 122 Hearing dates: 21 June 2024 Date of orders: 19 July 2024 Decision date: 19 July 2024 Before: Harrison CJ at CL at [1]; Campbell J at [59]; Sweeney J at [74] Decision: (1) To the extent necessary, grant leave to appeal. (2) Dismiss the appeal against conviction on Counts 1 and 2. (3) Allow the appeal against conviction on Counts 4 and 5. (4) Quash the convictions on Counts 4 and 5 and direct the entry of acquittal on those counts. (5) Quash the sentence imposed by his Honour Whitford SC DCJ on 12 May 2023 and remit the proceedings to his Honour for re-sentence on Counts 1 and 2. Catchwords: APPEALS – crime – appeal against conviction – unreasonable verdict – sexual intercourse without consent – whether inconsistent complainant testimony – whether deficiencies in complainant testimony – evidence of lawfully recorded conversation – whether verdicts cannot be supported having regard to the evidence APPEALS – crime – appeal against conviction – unreasonable verdict – possess child abuse material – circumstantial case – absence of direct evidence – whether Crown failed to exclude the reasonable possibility that the applicant was not knowingly in possession of child abuse material Legislation Cited: Crimes Act 1900 (NSW), ss 61D, 61E, 91H Cases Cited: Coughlan v The Queen (2020) 267 CLR 654; [2020] HCA 15 Pell v The Queen (2020) 268 CLR 163; [2020] HCA 12 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Gregory James Victor (Applicant) Crown (Respondent) Representation: Counsel: T Game SC with A Cook SC (Applicant) M Millward (Respondent)