Massaquoi v R [2024] NSWCCA 125

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Massaquoi v R [2024] NSWCCA 125 Hearing dates: 17 June 2024 Date of orders: 17 July 2024 Decision date: 17 July 2024 Before: Mitchelmore JA at [1]; Garling J at [2]; Wilson J at [3] Decision: (1) Refuse an extension of time in which to bring an application for leave to appeal against the sentence imposed upon the applicant on 15 March 2021. Catchwords: CRIME – appeal against sentence – s 66EA offence – jury trial – fact finding after trial – obligation to find facts consistent with the verdict of the jury – where sentencing judge accepted the evidence of the complainant as reliable – no basis advanced by applicant before sentencing judge to distinguish aspects of the complainant's evidence – sentence imposed on the basis that whole of complainant's evidence accepted – application raising a point not made at first instance – delay in bringing application significant and not fully explained – extension of time refused Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 61J, 61DE, 66DB, 66EA, 578A Criminal Appeal Act 1912 (NSW), s 5(1)(c) Criminal Appeal Rules 1952 (NSW) Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW) Criminal Procedure Act 1999 (NSW), s 150 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 3.1 Cases Cited: Burr v R [2020] NSWCCA 282 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Chiro v The Queen (2017) 260 CLR 425; [2017] HCA 37 Edwards v R [2009] NSWCCA 1999 GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22 KMC v Director of Public Prosecutions (SA) (2020) 94 ALJR 415; [2020] HCA 6 MK v R; RB v R [2023] NSWCCA 180 R v M, DV [2019] SASCFC 59 RB v R [2022] NSWCCA 142 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Xerri v The King [2024] HCA 5 Zreika v R [2012] NSWCCA 12 Category: Principal judgment Parties: Sandy Massaquoi (Applicant) Rex (Respondent) Representation: Counsel: B Neild SC (Applicant) B Hatfield SC (Respondent)