KSC v R [2012] NSWCCA 179

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KSC v R [2012] NSWCCA 179 Hearing dates: 22 March 2012 Decision date: 23 August 2012 Before: McClellan CJ at CL at [1] Davies J at [140] Fullerton J at [141] Decision: 1. Leave to appeal convictions in relation to Grounds 2, 3, 4, 5, 6, 7, 8, 9, and 10 is refused. 2. Appeal against conviction in relation to Ground 1 is dismissed. 3. Grant leave to appeal the sentence imposed with respect to the count of common assault being 2007/00016340-016 and the sentence imposed for that offence quashed. For that offence the applicant is sentenced to a fixed term of 3 months imprisonment commencing on 16 June 2012 Catchwords: CRIMINAL LAW - appeal - conviction - whether verdict unreasonable or unsupported by evidence - whether verdicts inconsistent - where inconsistency explainable by evidence suggesting error in asserted date and location of offence - appeal dismissed.

CRIMINAL LAW - appeal - conviction - directions - whether trial judge made error in directions relating to delay in making of complaint - s 165B Evidence Act - leave to appeal refused.

CRIMINAL LAW - appeal - conviction - evidence - context evidence - whether trial judge erred in referring to "uncharged acts" - where trial judge used term "uncharged acts" on only one occasion - leave to appeal refused.

CRIMINAL LAW - appeal - conviction - evidence - tendency evidence - whether evidence of common assault properly admitted without tendency evidence notice - whether trial judge erred in failing to properly direct jury about manner in which evidence of common assault could be taken into account - where evidence admitted relied upon by applicant at trial - where no redirection sought by applicant at trial - leave to appeal refused.