Parkinson v R [2016] NSWCCA 49

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Parkinson v R [2016] NSWCCA 49 Hearing dates: 22 September 2015 Decision date: 08 April 2016 Before: Hoeben CJ at CL at [1] Price J at [2] Button J at [3] Decision: (1) Leave to appeal with regard to ground two refused. (2) Leave to appeal with regard to ground one granted. (3) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – whether the trial judge misdirected the jury with regard to evidence of complaint – whether verdicts of guilty rationally consistent with verdicts of acquittal – whether verdicts of guilty unreasonable or unable to be supported Legislation Cited: Crimes Act 1900 (NSW), ss 61M(2), 61N(1), 61N(2), 66C(1), 66C(3), 66EB(3) Criminal Appeal Rules (NSW), r 4 Cases Cited: Filippou v The Queen [2015] HCA 29 Glover v R; Stuart v R [2015] NSWCCA 285 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 MacKenzie v the Queen [1996] HCA 35; (1996) 190 CLR 348 Category: Principal judgment Parties: Darren James Parkinson Regina Representation: Counsel: P Rosser QC (Applicant) L McLaughlin (Applicant) N Noman SC (Respondent)

Solicitors: C Peters (Applicant) C Hyland – Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/384642 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 13 February 2015 Before: Syme DCJ File Number(s): 2013/384642