RO v R [2013] NSWCCA 162

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RO v R [2013] NSWCCA 162 Hearing dates: 22 May 2013 Decision date: 09 July 2013 Before: Hoeben CJ at CL at [1] Rothman J at [116] McCallum J at [128] Decision: Leave to appeal with respect to the conviction and sentence appeals granted. Appeals dismissed. Catchwords: CRIMINAL LAW - conviction appeal - appellant charged with eight counts of sexual intercourse and indecent assault on a person under 16 years of age - appellant found guilty of two counts and not guilty of five counts with a failure to agree in respect of one count - whether the verdicts of the jury were unreasonable and could not be supported having regard to the evidence - test to be satisfied in order for appeal to succeed - corroborative evidence supporting the complainant - difficulties with evidence of complainant - conviction appeal should be dismissed - sentence appeal - appellant step-father of complainant - whether open to sentencing judge to find "substantial" harm suffered by complainant in the absence of medical evidence to that effect - whether level of criminality properly assessed - whether sentence manifestly excessive - whether the extent of accumulation appropriate - no error demonstrated. Legislation Cited: Crimes Act 1900 - s61M(1) Crimes (Sentencing Procedure) Act 1999 - s21A, s21A(2)(g) Criminal Appeal Act 1912 (NSW) - s6(1) Cases Cited: Couloumbis v R [2012] NSWCCA 264 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 House v The King [1936] HCA 40; 55 CLR 499 M v R [1994] HCA 63; 181 CLR 487 MFA v R [2002] HCA 53; 213 CLR 606 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Mulato v R [2006] NSWCCA 282 at [37], [47] R v Gebrail (NSWCCA 18 November 1994) R v Hayek [2010] NSWCCA 139 R v Morgan (1993) 70 A Crim R 368 R v RTGS [2005] NSWCCA 293 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: RO - Applicant Regina - Respondent Crown Representation: Counsel: Ms M Avenell - Applicant Ms J Baly - Respondent Crown Solicitors: File Number(s): 2009/260975 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-08-03 00:00:00 Before: Armitage DCJ File Number(s): 2009/260975