Golding v R [2024] NSWCCA 129

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Golding v R [2024] NSWCCA 129 Hearing dates: 7 June 2024 Date of orders: 17 July 2024 Decision date: 17 July 2024 Before: Basten AJA at [1]; N Adams J at [59]; Huggett J at [68] Decision: Pursuant to r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021, refuse the applicant leave to appeal on the ground contained in the proposed notice of appeal. Catchwords: CRIME – appeal against conviction – leave to appeal– challenge to jury directions – no objection taken at trial to proposed directions – no redirection or further direction sought – whether miscarriage of justice – application of Supreme Court (Criminal Appeal) Rules 2021, r 4.15 CRIME – miscarriage of justice – tendency evidence – context evidence – single count indictment – evidence of uncharged incident admitted as tendency and context evidence – jury directed to disregard evidence of uncharged incident if not satisfied it occurred – whether jury required to be directed that doubt as to uncharged incident should be considered in assessing complainant's evidence as to charge – inconsistency between Markuleski direction and proper consideration of tendency evidence and context evidence Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6(1) Criminal Procedure Act 1986 (NSW), ss 161A, 293A(2) Evidence Act 1995 (NSW), ss 97, 101 Jury Directions Act 2015 (Vic), ss 61, 62 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 Cases Cited: Astill v R [2024] NSWCCA 118 Day v Rex (No 2) [2023] NSWCCA 312 Greenhalgh v R [2017] NSWCCA 94 Nudd v The Queen (2006) 80 ALJR 614; [2006] HCA 9 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Regina v GAR [2003] NSWCCA 224 Roos v R [2019] NSWCCA 67 R v Birks ((1990) 19 NSWLR 677 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 R v Murray (1987) 11 NSWLR 12 RWC v R [2013] NSWCCA 58 Sita v R [2022] NSWCCA 90 The Queen v Dennis Bauer (a pseudonym) (2018) 266 CLR 56; [2018] HCA 40 Zhou v R [2021] NSWCCA 278 Texts Cited: Criminal Trial Courts Bench Book (Judicial Commission of NSW) Category: Principal judgment Parties: Bruce Wayne Golding (Applicant) Rex (Respondent) Representation: Counsel: T Quilter (Applicant) G Wright SC (Respondent)