Rosenburg v R [2016] NSWCCA 292

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rosenburg v R [2016] NSWCCA 292 Hearing dates: 2 December 2016 Decision date: 09 December 2016 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Schmidt J at [74] Decision: 1. Extend time for the filing of the Application for Leave to Appeal to 1 July 2016. 2. Grant leave to appeal against both conviction and sentence. 3. Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal against conviction – sexual intercourse without consent and indecent assault – where applicant legally unrepresented on appeal – whether applicant incompetently represented at trial – whether verdicts unreasonable or cannot be supported having regard to the evidence – where credibility and reliability of the complainant challenged at trial – overwhelming Crown case – alternative account put to the complainant was incredible – appeal dismissed CRIMINAL LAW – appeal against sentence – where no submissions made in support of appeal – where sentencing judge carefully reviewed all relevant material – predatory offending against a vulnerable complainant – very little in subjective circumstances calling for any leniency – no specific or latent error identifiable – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 61I, 61L, 578A Criminal Appeal Act 1912 (NSW) s 6(1) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) rr 42, 43 Cases Cited: [Decision Restricted] [2016] NSWCCA 202 Category: Principal judgment Parties: Joseph Stephen Rosenburg (Applicant) Regina (Respondent) Representation: Counsel: Applicant (Self-represented) Ms V Lydiard (Crown)