Conway v R [2010] NSWCCA 31

New South Wales Court of Criminal Appeal

CITATION: Conway v R [2010] NSWCCA 31

HEARING DATE(S): 3 February 2010

JUDGMENT DATE: 2 March 2010

JUDGMENT OF: Grove J at 1; Simpson J at 2; RA Hulme J at 88

DECISION: Appeal against conviction dismissed.

CATCHWORDS: CRIMINAL LAW – particular offences – offences against the person – sexual offences – indecent assault in circumstances of aggravation – sexual intercourse without consent in circumstances of aggravation – CRIMINAL LAW – appeal against conviction – verdicts of guilty open to the jury and not unreasonable - verdicts of guilty could be supported having regard to the evidence – appeal dismissed

LEGISLATION CITED: Crimes Act 1900

CATEGORY: Principal judgment

CASES CITED : M v The Queen [1994] HCA 63; (1994) 181 CLR 487 MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606

PARTIES: Garry Allan Conway (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/12369

COUNSEL: R Pontello (Applicant) P Leask (Respondent)

SOLICITORS: Dignan & Hanrahan (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2007/12369

LOWER COURT JUDICIAL OFFICER: Coorey DCJ

LOWER COURT DATE OF DECISION: 15 December 2008

IN THE COURT OF CRIMINAL APPEAL 2007/12369

GROVE J SIMPSON J R A HULME J

2 March 2010 Garry Allan CONWAY v R Judgment 1 GROVE J: I agree with Simpson J. 2 SIMPSON J: In February 2008 the appellant was tried in the District Court in Campbelltown on an indictment containing two counts. The first count was of indecent assault in circumstances of aggravation, brought under s 61M(1) of the Crimes Act 1900. The second count was of sexual intercourse without consent in circumstances of aggravation, brought under s 61J(1) of the same Act. In each case the circumstance of aggravation was that the alleged victim (to whom I will refer as the complainant) was under the age of 16 years. She was in fact 12 years of age. Each offence was alleged to have been committed during the period between 1 November 2006 and 15 December 2006. 3 The jury returned a verdict of guilty on each count. The appellant was duly sentenced (to an aggregate term of imprisonment for 7 years, with a non-parole period of 2½ years). He now appeals against the conviction. He does not seek leave to appeal against the sentences.