Lyndon v R [2014] NSWCCA 112

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lyndon v R [2014] NSWCCA 112 Hearing dates: 14 March 2014 Decision date: 24 June 2014 Before: Basten JA at [1]; Button J at [72]; RS Hulme AJ at [73] Decision: (1) Refuse leave to appeal with respect to ground 3. (2) Grant leave to appeal pursuant to s 5(1)(b) of the Criminal Appeal Act 1912 (NSW) in respect of grounds 1, 4 and 5. (3) Dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - conduct of prosecution - closing address to jury - general comments made about the credibility of children - whether prosecutor improperly suggested having a particular expertise with respect to the testimony of children - whether prosecutor improperly invited the jury to rely on a lie told by accused - prejudicial effect considered - failure by defence to object at trial - whether audio recording of address should be tendered

CRIMINAL LAW - appeal - whether defence counsel incompetent - failure to lead evidence - complainants said accused was kneeling during sexual intercourse - failure to call medical evidence regarding accused's difficulties kneeling - whether trial miscarried

CRIMINAL LAW - appeal - unreasonableness of verdicts - separate counts of indecent assault against two children - one count of sexual intercourse with a child - accused found guilty of one charge of indecent assault and charge of sexual intercourse with same child - acquittal on other charges - unreasonableness alleged on lack of consistency between verdicts and unreliability of evidence - possibility of concoction