CLC v R [2015] NSWCCA 248

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CLC v R [2015] NSWCCA 248 Hearing dates: 21 August 2015 Decision date: 11 September 2015 Before: Basten JA at [1]; Wilson J at [88]; R S Hulme AJ at [97] Decision: (1) Grant the applicant leave to appeal.

(2) Dismiss the appeal. Catchwords: APPEAL – criminal conviction – procedure – evidence of complainant child contained in two video recorded police interviews – inconsistencies in complainant's evidence alleged – whether appropriate for appeal court to view video recordings – SKA v The Queen (2011) 243 CLR 400; SKA v R [2009] NSWCCA 186 considered

APPEAL – criminal conviction – whether verdict unreasonable or cannot be supported on the evidence – whether appellate court entertained reasonable doubt – ability of jury to weigh complainant's evidence and appellant's denials

CRIMINAL LAW – conviction appeal – sexual offences against a child – conviction on evidence of complainant child alone – evidence in chief constituted by two video recorded police interviews – victim cross-examined at trial – inconsistencies in complainant's evidence given in the first and second interview alleged – failure to refer to alleged incidents in second interview – whether jury's verdict unreasonable and not supported by evidence Legislation Cited: Crimes Act 1900 (NSW), s 66EA Criminal Appeal Act 1912 (NSW), ss 5, 6 Children (Criminal Proceedings) Act 1987 (NSW), s 15A Criminal Procedure Act 1986 (NSW), ss 306U, 306V Cases Cited: M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v R (2002) 213 CLR 606 SKA v The Queen [2009] NSWCCA 186 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Category: Principal judgment Parties: CLC (Applicant) Regina (Respondent) Representation: Counsel: Mr W Hunt/Ms J Paingakulam (Applicant) Mr H Baker (Respondent)