McIntosh v R [2015] NSWCCA 184

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McIntosh v R [2015] NSWCCA 184 Hearing dates: 8 May 2015 Decision date: 09 July 2015 Before: Basten JA at [1]; Hidden J at [172]; Wilson J at [176] Decision: (1) With respect to the 2009 convictions –

(a) grant the applicant leave to appeal against the convictions for all offences; (b) dismiss the appeal.

(2) With respect to the 2011 convictions –

(a) grant the applicant leave to appeal limited to ground 2; (b) with respect to ground 2, dismiss the appeal.

(3) With respect to the appeal against the aggregate sentence –

(a) grant the applicant leave to appeal; (b) set aside the sentence imposed in the District Court on 22 August 2011; (c) in place thereof, impose an aggregate sentence, and (d) sentence the applicant to imprisonment for 24 years with a non-parole period of 18 years, to commence on 28 December 2008. The first date on which the offender is eligible for parole is 27 December 2026. Catchwords: APPEAL – leave to appeal – criminal trial – interlocutory decision – joint trial ordered with respect to separate complainants – Basha inquiry held – complainants cross-examined on contacts with each other – whether counsel prevented from reopening the issue of separate trial – leave required – Criminal Appeal Act 1912 (NSW), s 5(1)(b)

APPEAL – conviction – leave to appeal – challenge to jury direction – whether distinction between tendency and coincidence explained – no complaint about directions at trial – leave required – Criminal Appeal Rules (NSW), r 4