Parton v R [2016] NSWCCA 291

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Parton v R [2016] NSWCCA 291 Hearing dates: 5 October 2016 Decision date: 09 December 2016 Before: Ward JA at [1]; Harrison J at [87]; RA Hulme J at [88] Decision: 1. Grant leave to appeal. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – sexual intercourse with child under 10 – judge alone trial - whether trial judge's verdict unreasonable and not supported by evidence – whether reasonable doubt as to whether incident the subject of the charge in fact related to conduct the subject of an earlier complaint against applicant – whether lack of specificity of complaint gave rise to reasonable doubt – leave to appeal granted but appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 66A Criminal Appeal Act 1912 (NSW), s 5(1)(a) Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Ryan v R [2009] NSWCCA 183 Category: Principal judgment Parties: Raymond John Parton (Applicant) Regina (Respondent) Representation: Counsel: Mr P Coady with Mr G Gee (Applicant) Ms N Williams (Respondent)

Solicitors: O'Brien Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/00124997 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 25 August 2015 Before: Acting Judge Walmsley SC File Number(s): 2013/00124997