Mason v R (No. 2) [2015] NSWCCA 325

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mason v R (No. 2) [2015] NSWCCA 325 Hearing dates: 24 November 2015 Decision date: 18 December 2015 Before: Johnson J at [1] Button J at [64] Fagan J at [65] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – Applicant charged with a large number of sexual offences against four female complainants under 16 years, child pornography offences and an offence of perverting the course of justice – convicted by jury of 44 out of 52 counts – Applicant submits that verdict with respect to one count (Count 16) is unreasonable and cannot be supported by the evidence – Count 16 alleged offence of aggravated sexual intercourse without consent contrary to s.61J Crimes Act 1900 – suggested inconsistency with verdicts on certain other counts – verdict on Count 16 reasonably open to jury – verdict on Count 16 logical and reasonable – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: MacKenzie v The Queen [1996] HCA 35; 190 CLR 348 ML v R [2015] NSWCCA 27 Rasic v R [2009] NSWCCA 202 W v R [2014] NSWCCA 110 Texts Cited: --- Category: Principal judgment Parties: Wayne Paul Mason (Applicant) Regina (Respondent) Representation: Counsel: Mr TA Game SC; Mr D Barrow (Applicant) Ms T Smith (Respondent)