Warton v R [2025] NSWCCA 5

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Warton v R [2025] NSWCCA 5 Hearing dates: 7 February 2025 Decision date: 14 February 2025 Before: Adamson JA at [1] Ball JA at [75] Fagan J at [76] Decision: (1) Grant leave to appeal on ground 1. (2) Dismiss the appeal against conviction. (3) Refuse leave to appeal on sentence. Catchwords: CRIME — appeals — appeal against conviction — application for leave to appeal — where applicant convicted of 3 sexual offences under authority — where application for complainant to give further evidence by way of cross-examination pursuant to s 306J of the Criminal Procedure Act 1986 (NSW) refused by trial judge — where further evidence only relevant to credibility of complainant — whether further cross-examination of complainant "could substantially affect the assessment of the witness" (s 103(1) Evidence Act 1995 (NSW)) CRIME — meaning of "good character" — positive (good works) and negative aspects (absence of prior convictions or lack of history of criminal or blameworthy conduct) — depends on context SENTENCING — appeals — appeal against sentence — application for leave to appeal — mitigating factors — good character — where applicant had prior criminal history but no convictions — where trial judge ruled applicant not entitled to leniency on sentence otherwise available to person of good character because of criminal history Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 61KD Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10, 21A Criminal Procedure Act 1986 (NSW), ss 306I, 306J Evidence Act 1995 (NSW), Pt 3.7, s 103 Cases Cited: Bauer v The Queen (2018) 266 CLR 56; [2018] HCA 40 Hayne v R [2024] NSWCCA 97 R v El-Azzi [2004] NSWCCA 455 R v Gent [2005] NSWCCA 370; (2005) 162 A Crim R 29 R v I R Hall (No 2) [2005] NSWSC 890 R v Levi (Court of Criminal Appeal (NSW), 15 May 1997, unrep) R v Price [2005] NSWCCA 285 Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21 Saunders v R [2022] NSWCCA 174 WX v R (2020) 102 NSWLR 467; [2020] NSWCCA 142 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Category: Principal judgment Parties: Jared Warton (Applicant) Rex (Respondent) Representation: Counsel: A Moutasallem (Applicant) C Young (Respondent)