Swain v R [2015] NSWCCA 176

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Swain v R [2015] NSWCCA 176 Hearing dates: 19 June 2015 Decision date: 03 July 2015 Before: Hoeben CJ at CL at [1] R A Hulme J at [113] Fagan J at [114] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – sexual assault and sexual intercourse with a person under the age of 16 – applicant convicted of some offences but acquitted of others – whether the jury verdicts were inconsistent – a reasonable basis for the different verdicts established – no inconsistency – whether conviction verdicts unreasonable and incapable of being supported by the evidence – open to jury to be satisfied beyond reasonable doubt as to guilt – appeal dismissed. Legislation Cited: Crimes Act 1900 – s 61J(1); s 61M(2) Criminal Procedure Act 1986 – s 166 Cases Cited: M v R [1994] HCA 63; 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Anderson [2001] NSWCCA 115 SKA v The Queen [2011] HCA 13; 243 CLR 400 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Nathan Mathew Swain – Applicant Regina – Respondent Crown Representation: Counsel: J Stratton SC/M Tanevski – Applicant Ms T Smith – Respondent Crown

Solicitors: McGrath Dicembre & Co – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2012/185058 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 8.4.2014 Before: Townsden DCJ File Number(s): 2012/185058