MG v R [2017] NSWCCA 14

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MG v R [2017] NSWCCA 14 Hearing dates: 13 February 2017 Date of orders: 13 February 2017 Decision date: 24 February 2017 Before: Hoeben CJ at CL at [1] Johnson J at [106] Latham J at [107] Decision: Leave to appeal against conviction granted. Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – 14 counts of sexual assault – applicant convicted of 7 counts and acquitted of 7 counts – whether verdicts of guilty supported by evidence – whether inconsistent verdicts – ample evidence to support convictions – rational and logical explanation for not guilty verdicts – appeal against conviction dismissed. Legislation Cited: Crimes Act 1900 (NSW) ss 61M(2), 66C(1), 66C(3) Criminal Appeal Act 1912 (NSW) – ss 5(1)(b), 6(1) Cases Cited: MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82 TK v R [2009] NSWCCA 151; 74 NSWLR 299 SKA v The Queen [2011] HCA 13; 243 CLR 400 Wingrove-Pryce v R [2014] NSWCCA 290 Category: Principal judgment Parties: MG - Applicant Regina – Respondent Crown Representation: Counsel: A Mitchelmore /L Coleman - Applicant N Williams – Respondent Crown

Solicitors: SE O'Connor, Legal Aid NSW - Applicant C Hyland, Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2012/187101 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 15 May 2015 Before: English DCJ File Number(s): 2012/187101