AK v R [2024] NSWCCA 181

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AK v R [2024] NSWCCA 181 Hearing dates: 13 September 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Before: Basten AJA at [1]; Rothman J at [44]; N Adams J at [45] Decision: (1) Grant the applicant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL PROCEDURE – conviction appeal – convictions of uncle for sexual abuse of young nephews – complaints by children to mother – delay in reporting to police – mother and father in acrimonious separation – court proceedings against father for domestic violence – challenge to mother's credibility – failure to use evidence in domestic violence trial to challenge mother's credibility in sexual abuse trial involving father's brother – whether incompetence of trial counsel – whether trial unfair Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1) Evidence Act 1995 (NSW), ss 38, 91 Cases Cited: Nudd v The Queen (2006) 80 ALJR 614; [2006] HCA 9 R v Birks (1990) 19 NSWLR 677 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Principal judgment Parties: AK (Applicant) Rex (Respondent) Representation: Counsel: G D Woods KC / T F Woods (Applicant) J Styles (Respondent)

Solicitors: KPT Defence Lawyers (Applicant) C Hyland, Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2020/278775 Publication restriction: Statutory prohibition against publication of matter identifying, or likely to lead to the identification of, the children the subject of the sexual offence proceedings against the applicant Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: [2023] NSWDC 402 Date of Decision: 22 September 2023 Before: Fitzsimmons SC DCJ and jury File Number(s): 2020/00278775