CR v R [2017] NSWCCA 29

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CR v R [2017] NSWCCA 29 Hearing dates: 3 March 2017 Date of orders: 14 March 2017 Decision date: 14 March 2017 Before: Hoeben CJ at CL at [1] Schmidt J at [106] Wilson J at [107] Decision: Leave to appeal against conviction granted. Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – two counts of sexual intercourse with a child under the age of 10 (5 years) in circumstances of aggravation – whether verdict unreasonable or cannot be supported by the evidence – inconsistencies identified in complainant's testimony – whether complainant's testimony implausible – no corroboration – very much a jury question – significant advantage of jury hearing and seeing complainant – open to jury to find guilt beyond reasonable doubt – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 66A Criminal Appeal Act 1912 (NSW) – s 5(1) Cases Cited: Libke v The Queen [2007] HCA 30; 230 CLR 559 M v The Queen [1994] HCA 63; 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 SKA v The Queen [2011] HCA 13; 243 CLR 400 The Queen v Baden-Clay [2016] HCA 35; 90 ALJR 1013 Category: Principal judgment Parties: CR – Applicant Regina – Respondent Crown Representation: Counsel: S Fraser – Applicant H Roberts – Respondent Crown

Solicitors: Legal Aid NSW – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2012/253686 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 17 March 2015 Before: McClintock SC DCJ File Number(s): 2012/253686