Tsaccounis v R [2016] NSWCCA 163

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tsaccounis v R [2016] NSWCCA 163 Hearing dates: 20 July 2016 Decision date: 15 August 2016 Before: Hoeben CJ at CL at [1] Rothman J at [147] R A Hulme J at [149] Decision: (1) In relation to the conviction appeal, grant leave to appeal but dismiss the appeal. (2) In relation to the application for leave to appeal against sentence, leave should be refused. Catchwords: CRIMINAL LAW – CONVICTION APPEAL – thirteen counts of acts of violence and sexual assault – applicant convicted of nine counts but acquitted of four counts – whether verdicts of guilty supported by evidence – whether direction as to recklessness gave rise to a miscarriage of justice – whether inconsistent verdicts – ample evidence to support convictions – rational and logical explanation for not guilty verdicts – direction as to recklessness wrong but irrelevant – appeal against conviction dismissed – SENTENCE APPEAL – whether error by sentencing judge in refusing to make a finding of special circumstances – no error disclosed – refusal to find special circumstances open – leave to appeal against sentence refused. Legislation Cited: Crimes Act 1900 (NSW – ss 35(2), 37, 59(1), 61, 61I, 344A Crimes (Sentencing Procedure Act) 1999 (NSW) – s 44(2) Cases Cited: Jones v The Queen [1997] HCA 12; 191 CLR 439 M v The Queen [1994] HCA 63; 181 CLR 487 Mackenzie v The Queen [1996] HCA 35; 190 CLR 348 Markuleski v R [2001] NSWCCA 290; 52 NSWLR 82 MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Preval (1984) 3 NSWLR 647 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 TK v R [2009] NSWCCA 151; 74 NSWLR 299 Category: Principal judgment Parties: Jonathan Douglas Tsaccounis – Applicant Regina – Respondent Crown Representation: Counsel: Mr A Radojev – Applicant Ms V Lydiard – Respondent Crown