SM v R [2016] NSWCCA 171

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SM v R [2016] NSWCCA 171 Hearing dates: 4 July 2016 Decision date: 17 August 2016 Before: Bathurst CJ at [1]; Basten JA at [2]; Simpson JA at [29] Decision: (1) To the extent necessary, grant the applicant leave to appeal against his conviction.

(2) Dismiss the appeal against conviction.

(3) Grant the applicant leave to appeal against sentence.

(4) Dismiss the appeal against sentence. Catchwords: CRIME – conviction appeal – jury direction – jury's views as to reliability or credibility of complainant – use of reasonable doubt with respect to one charge in assessing another charge – conviction on one count and acquittal on second count – whether jury direction adequate – whether verdicts inconsistent - whether conviction an unreasonable verdict

CRIME – sentence appeal – Local Court jurisdictional limit – theoretical possibility that conviction could have been dealt with in Local Court – whether District Court took into account jurisdictional limit of Local Court – how that factor may affect sentence Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), ss 267, 294AA Cases Cited: Baines v R [2016] NSWCCA 132 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 R v Palmer [2005] NSWCCA 349 Category: Principal judgment Parties: SM (Applicant) Regina (Respondent) Representation: Counsel: Mr W Hunt / Ms C O'Neill (Applicant) Mr E Balodis (Respondent)