SB v R [2017] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SB v R [2017] NSWCCA 30 Hearing dates: 8 March 2017 Decision date: 08 March 2017 Before: Basten JA, Button J, N Adams J Decision: (1) Grant the applicant leave to appeal against the convictions resulting from a jury verdict delivered on 22 May 2015.

(2) Allow the appeal and set aside the convictions on each count and the aggregate sentence imposed on 4 August 2015.

(3) Direct that there be a retrial at the discretion of the Director, having considered any further material relevant to that decision.

(4) There be no publication of the name of, or any information identifying, the complainant in this matter, including the family name of the applicant. Catchwords: APPEAL – crime – practice and procedure – miscarriage of justice – unedited transcript of police interview with complainant mistakenly provided to jury – acceptance by Director of Public Prosecutions that the proviso did not apply – by consent appeal allowed, convictions quashed, new trial ordered

APPEAL – crime – practice and procedure – procedural error involving mixed question of law and fact – leave to appeal under s 5(1)(b) Criminal Appeal Act 1912 (NSW) required – leave granted Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5, 6 Court Suppression and Non-publication Orders Act 2010 (NSW), s 8 Category: Principal judgment Parties: SB (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: Mr S Odgers SC (Applicant) Ms M Cinque SC (Respondent)