MJ v R [2012] NSWCCA 146

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MJ v R [2012] NSWCCA 146 Hearing dates: 17 February 2012 Decision date: 04 July 2012 Before: Beazley at [1] Hidden at [2] Rothman at [3] Decision: 1.Extension of time granted so as to allow the filing of the notice of appeal; 2.Leave to appeal granted; 3.Appeal dismissed. Catchwords: CRIMINAL LAW - Conviction Appeal - extension of time granted - sexual offence - "corroboration" - relevantly immediate complaint to mother - accused gave evidence at trial - ground of appeal on basis of unreasonable verdict - no reasonable doubt - mere fact that jury verdict depended on choice as to whether to believe complainant beyond reasonable doubt is not, without independent evidence or some other factor affecting assessment, does not necessarily give rise to reasonable doubt. Legislation Cited: Evidence Act 1995 Cases Cited: Longman v The Queen (1989) 168 CLR 79 M v R [1994] HCA 63; (1994) 181 CLR 487; MFA v R; SKA v R; The Queen v Nguyen [2010] HCA 38; (2010) 85 ALJR 8 Texts Cited: Australian Law Reform Commission Report (ALRC) 102 Category: Principal judgment Parties: MJ (appellant) Regina (Crown) Representation: Counsel: Self represented applicant T Smith (for the respondent) Solicitors: Self represented applicant Director of Public Prosecutions (for the respondent) File Number(s): 2007/8950 Decision under appeal Date of Decision: 2008-09-19 00:00:00 Before: Judge Finnane