CF v R [2024] NSWCCA 225

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CF v R [2024] NSWCCA 225 Hearing dates: 29 August 2024 Date of orders: 6 December 2024 Decision date: 06 December 2024 Before: Harrison CJ at CL at [1] Ierace J at [5] Sweeney J at [8] Decision: 1. Leave to appeal granted. 2. The appeal is dismissed. Catchwords: CRIME — Appeals — Application for leave to appeal against convictions — Unreasonable verdict — Child sexual assault offences Legislation Cited: Nil Cases Cited: M v Queen (1994) 181 CLR 487 Texts Cited: Nil Category: Principal judgment Parties: CF (Applicant) Rex (Crown)(Respondent) Representation: Counsel: T Edwards SC with B Searson (Applicant) C Curtis (Respondent)

Solicitors: O'Brien Criminal and Civil Solicitors (Applicant) Solicitor for Public Prosecutions (NSW)(Respondent) File Number(s): 2020/111550 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 22 November 2022 – 8 December 2022 Before: Coleman SC DCJ File Number(s): 2020/111550

HEADNOTE [This headnote is not to be read as part of the judgment] The applicant was convicted of seven sexual offences committed against his stepdaughter after trial by jury. The applicant sought leave to appeal against his convictions on the sole ground that the jury's verdicts were unreasonable and could not be supported having regard to the evidence. The Court (Sweeney J, Harrison CJ at CL and Ierace J agreeing) held, granting leave to appeal but dismissing the appeal Having independently assessed the evidence in the trial, the Court did not experience a doubt about the quality, sufficiency and reliability of the complainant's evidence. The asserted inconsistencies relied upon by the applicant were minor, or plausibly explained such that their asserted significance was dispelled.