ML v R [2015] NSWCCA 27

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ML v R [2015] NSWCCA 27 Hearing dates: 16 February 2015 Decision date: 05 March 2015 Before: Hoeben CJ at CL at [1] Johnson J at [72] Davies J at [73] Decision: Leave granted to the appellant to rely upon Ground 2 of the appeal. Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – sexual intercourse and attempted sexual intercourse with child under 10 years – appellant convicted of attempt offence but acquitted of sexual intercourse offence – whether jury verdicts were factually inconsistent and unreasonable – whether "unreliable evidence" warning should have been given with respect to the evidence of the complainant – no factual inconsistency between verdicts – no need for warning under s165 of the Evidence Act 1999 – no miscarriage of justice. Legislation Cited: Criminal Appeal Act 1912 – r 4 Evidence Act 1999 Cases Cited: MFA v The Queen [2002] HCA 53; 213 CLR 606 R v DBG [2002] NSWCCA 328; 133 A Crim R 227 R v TK [2009] NSWCCA 151; 74 NSWLR 299 Category: Principal judgment Parties: ML – Appellant Regina – Respondent Crown Representation: Counsel: S Odgers SC - Appellant G O'Rourke – Respondent Crown

Solicitors: SE O'Connor – Legal Aid NSW - Appellant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2011/185228 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 29 November 2013 Before: Payne DCJ File Number(s): 2011/185228