PGM (No 2) v R [2012] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PGM (No 2) v R [2012] NSWCCA 261 Hearing dates: 4 September 2012 Decision date: 10 December 2012 Before: McClellan CJ at CL at [1] Garling J at [100] McCallum J at [101] Decision: 1. Grant leave to appeal to raise the first ground of appeal. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal - conviction - whether verdict unreasonable or unsupported by the evidence - where evidence of complainant about witnessing sexual assault of another child demonstrated to be false - directions - whether trial judge properly directed jury regarding "lies" of complainant - whether trial judge's directions regarding absence of complainant at trial were in error - where trial judge did not warn jury about dangers of convicting on evidence of absent complainant - where trial judge referred to forensic disadvantage suffered by Crown due to absent complainant - where trial judge suggested absence of complainant solely due to procedural legislation. Legislation Cited: Crimes Act 1900 Criminal Appeal Rules Criminal Procedure Act 1986 Cases Cited: Healey v R [2006] NSWCCA 235 Papakosmas v The Queen [1999] HCA 37; (1999) 196 CLR 297 PGM v R [2006] NSWCCA 310; (2006) 164 A Crim R 426 R v PGM [2008] NSWCCA 172; (2008) 187 A Crim R 152 RR v R [2011] NSWCCA 235 SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400 Category: Principal judgment Parties: PGM (Applicant) Crown Representation: Counsel: S Buchen (Applicant) F Veltro (Crown) Solicitors: Legal Aid of NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2006/15199 Decision under appeal Date of Decision: 2008-02-22 00:00:00 Before: Graham DCJ