REGINA v. MRC [2004] NSWCCA 241

New South Wales Court of Criminal Appeal

CITATION : REGINA v. MRC [2004] NSWCCA 241 HEARING DATE(S) : 17 March 2004 JUDGMENT DATE : 20 July 2004

JUDGMENT OF : Hodgson JA at 1; Shaw J at 42; Smart AJ at 43 DECISION : Appeal dismissed.

CATCHWORDS : CRIMINAL LAW - Appeal against conviction - Whether guilty verdict on one count unreasonable and/or inconsistent with the verdict on another count. Jones v. The Queen (1997) 191 CLR 439 MacKenzie v. The Queen (1996) 190 CLR 348 CASES CITED : MFA v. The Queen (2002) 77 ALJR 139 R v. Kirkman (1987) SASR 591 R V. Markuleski (2001) 125 A Crim R 1 R v. Nek [2001] NSWCCA 392 PARTIES : Regina - respondent MRC - appellant FILE NUMBER(S) : CCA 60419/03 COUNSEL : Mr. Brian Knox SC for Crown/respondent Mr. A.P. Cook for appellant SOLICITORS : S.Kavanagh for Crown/respondent P. Tierney for appellant

LOWER COURT District Court JURISDICTION : LOWER COURT DC 02/41/0196 FILE NUMBER(S) : LOWER COURT Knight DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL CCA 60419/03 DC 02/41/0196

HODGSON JA SHAW J SMART AJ

Tuesday 20 July 2004 REGINA V. MRC Judgment 1 HODGSON JA: On 25 March 2003, before his Honour Judge Knight, the appellant pleaded not guilty to three charges: (1) That he between 1 January 1983 and 18 November 1984 at Towamba in the State of New South Wales did assault SK and at the time of such assault did commit an act of indecency upon SK she being under the age of sixteen years. (2) That he between 1 January 1983 and 18 November 1984 at Towamba in the State of New South Wales did assault SK and at the time of such assault did commit an act of indecency upon SK she being under the age of sixteen years. (3) That he between 1 November 1984 and 19 November 1984 at Towamba in the State of New South Wales did assault SK thereby occasioning to her actual bodily harm. 2 On 3 April 2003, the jury returned a verdict of guilty on counts 1 and 3, and not guilty on count 2. 3 On 8 May 2003, the trial judge sentenced the appellant to imprisonment for a term of two years, but he suspended execution of this sentence conditionally on the appellant entering into a good behaviour bond for two years. 4 The appellant appeals from his conviction on count 1.