Cox v R [2015] NSWCCA 158

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cox v R [2015] NSWCCA 158 Hearing dates: 10 June 2015 Date of orders: 10 June 2015 Decision date: 23 June 2015 Before: Simpson JA at [1]; Davies J at [38]; Hamill J at [42] Decision: (1) Leave to appeal granted.

(2) The appeal be upheld and the conviction quashed.

(3) A verdict of acquittal entered.

(4) The appellant is entitled to be released forthwith. Catchwords: APPEAL - conviction - sexual intercourse with a child - whether conviction unreasonable and not supported having regard to the evidence - evidence contained discrepancies and was insufficient upon which to base a safe conviction - appeal allowed - conviction quashed - verdict of acquittal entered Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(b) Criminal Procedure Act 1986 (NSW), s 306S Cases Cited: M v The Queen [1994] HCA 63; 181 CLR 487 Category: Principal judgment Parties: Steven Allan Cox (Appellant) Regina (Respondent) Representation: Counsel: R C Pontello (Appellant) M McKay (Respondent)

Solicitors: S E O'Connor - Legal Aid NSW (Appellant) C Hyland - Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/138659 Decision under appeal Court or tribunal: District Court Date of Decision: 03 March 2014 Before: Garling ADCJ File Number(s): 2012/138659