AK v R [2016] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AK v R [2016] NSWCCA 175 Hearing dates: 17 February 2016 Decision date: 22 August 2016 Before: Hoeben CJ at CL at [1]; Adams J at [15]; Fullerton J at [50] Decision: Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – rejection of evidence at trial – whether miscarriage of justice had occurred requiring a re-trial – appellant convicted of 17 counts of sexual offences of various kinds against his step-daughter – prosecution case almost entirely dependent on evidence of complainant – appellant sought to lead evidence from a gynaecologist that it was unlikely that the complainant was pregnant at a particular point in time – evidence rejected as irrelevant – issue whether evidence should have been admitted – by a majority appeal dismissed. Legislation Cited: Evidence Act 1995 (NSW) Crimes Act 1900 (NSW) Cases Cited: R v V (1998) 100 A Crim R 488 Palmer v The Queen Palmer v R [1998] HCA 2; 193 CLR 1 Washer v The State of Western Australia [2007] HCA 48; 234 CLR 492 Category: Principal judgment Parties: AK (Appellant) Regina (Respondent) Representation: Counsel: T Game SC (Appellant) S Dowling SC (Respondent)

Solicitors: Mills Oakley Lawyers (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/217459; 2012/336344 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 14 November 2014 Before: Hock DCJ File Number(s): 2012/217459; 2012/336344