Mansaray v R [2015] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mansaray v R [2015] NSWCCA 40 Hearing dates: 27 February 2015 Decision date: 24 March 2015 Before: Hoeben CJ at CL at [1] Harrison J at [120] R A Hulme J at [125] Decision: (1) The application for an extension of time within which to appeal is granted. (2) Leave to appeal against conviction is granted. (3) The appeal is dismissed. Catchwords: CRIMINAL LAW – Conviction appeal – sexual intercourse with a person under 16 knowing she was not consenting – whether verdict was unreasonable and could not be supported by evidence – applicant uncle of victim – both from Sierra Leone – reservations as to verdict expressed by trial judge – general nature of description of offence – interpretation of evidence allowing for cultural issues – importance of medical evidence – early complaint – verdict open to jury – whether jury should have been discharged – evidence before jury because of oversight by defence counsel – strong direction by trial judge – no miscarriage of justice – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW). - s61J(1), s66C(1) Cases Cited: M v The Queen [1994] HCA 63; 181 CLR 48 MFA v The Queen [2002] HCA 53; 213 CLR 606 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Sahr Mansaray – Applicant Regina – Respondent Crown Representation: Counsel: S Corish – Applicant P Ingram SC – Respondent Crown