NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WHS v R [2024] NSWCCA 242 Hearing dates: 4 November 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Before: Fagan J: [1] Chen J: [85] Sweeney J: [86] Decision: (1) Grant leave to appeal so far as necessary for the appellant to advance grounds that are not limited to questions of law alone. (2) Uphold the appeal on ground 5 only. (3) Quash the convictions on counts 1 and 4. (4) Set aside the aggregate sentence imposed on in respect of the appellant's convictions on counts 1, 2, 4 and 5. (5) List the proceedings in the District Court on 24 January 2025 for mention to fix a date for re-sentence on counts 2 and 5. Catchwords: CRIME – Appeals – appeal against conviction – sexual intercourse with a child – whether Crown case implied a lack of past sexual experience or activity of the complainant – whether exclusion of evidence relating to child's sexual experience under s 293 of the Criminal Procedure Act resulted in a miscarriage of justice – whether failure to permanently stay the trial resulted in a miscarriage of justice – whether convictions unreasonable having regard to significant change between complainant's allegations in JIRT interviews and pre-recorded evidence – appeal allowed – conviction on counts 1 and 4 quashed Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42 Cook (a pseudonym) v The King [2024] HCA 26 GEH v R [2012] NSWCCA 150 HG v The Queen (1999) 197 CLR 414; [1999] HCA 2 Jackmain (a pseudonym) v R (2020) 102 NSWLR 847; [2020] NSWCCA 150 Koschier v R [2024] NSWCCA 24 Munn v R; Thomas Miller v R [2006] NSWCCA 61 R v Tubou [2001] NSWCCA 243 Spratt v Director of Public Prosecutions [2010] NSWSC 355 Taleb v R [2015] NSWCCA 105 Uddin v R [2020] NSWCCA 115 WHS v R [2020] NSWCCA 31 Category: Principal judgment Parties: WHS (Applicant) Rex (Respondent) Representation: Counsel: S Odgers SC (Applicant) M Millward (Crown)
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