RB v R [2016] NSWCCA 62

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RB v R [2016] NSWCCA 62 Hearing dates: 14 April 2016 Decision date: 21 April 2016 Before: Ward JA at [1] Price J at [2] Adamson J at [3] Decision: (1) Grant leave to the appellant to rely on the sole ground of appeal under rule 4 of the Criminal Appeal Rules.

(2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal against conviction – whether Crown raising issue of motive to lie resulted in miscarriage of justice – effect of R v Jovanovic direction Legislation Cited: Criminal Appeal Rules (NSW), r 4 Cases Cited: Doe v R [2008] NSWCCA 203 Palmer v The Queen [1998] HCA 2; 193 CLR 1 R v Roberts [2001] NSWCCA 163 R v Jovanovic (1997) 42 NSWLR 520 Category: Principal judgment Parties: RB (Appellant) Regina (Respondent) Representation: Counsel: S Hall (Appellant) H Baker (Respondent)

Solicitors: Legal Aid NSW (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/4408 Decision under appeal Court or tribunal: District Court Of New South Wales Jurisdiction: Criminal Date of Decision: 11 September 2014 Before: Payne DCJ File Number(s): 2012/4408

Judgment 1. WARD JA: I agree with Adamson J. 2. PRICE J: I agree with Adamson J. 3. ADAMSON J: RB appeals against his conviction following a trial by jury before Payne DCJ at the District Court at Griffith. The sole ground of appeal is that: "There was a miscarriage of justice as a result of the Crown's address effectively inviting the jury to reason, 'why would they lie?'" 1. The appellant was convicted of all five counts on the indictment: one count of commit act of indecency towards the complainant (his natural daughter) who was under 16 years of age and under his authority; three counts of sexual intercourse with the complainant who was then between the ages of 10 and 14 years in circumstances of aggravation (being under his authority); and one count of sexual intercourse with the complainant who was between the ages of 14 and 16 years in circumstances of aggravation (being under his authority). 2. The indictment was presented on Monday 17 March 2014. The Crown case closed on 19 March 2014. The jury retired to consider its verdict on 20 March 2014 and returned verdicts of guilty on all five counts the following day, Friday 21 March 2014.