ND v R [2017] NSWCCA 70

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ND v R [2017] NSWCCA 70 Hearing dates: 27 March 2017 Date of orders: 13 April 2017 Decision date: 13 April 2017 Before: Hoeben CJ at CL at [1] Walton J at [82] R A Hulme J at [83] Decision: (1) Leave to appeal against conviction granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – one count of sexual intercourse with a child under 10 – whether verdict was unreasonable or cannot be supported having regard to the evidence – applicant identified a number of inconsistencies in evidence of complainant – inconsistencies in peripheral matters – position of advantage of jury – open to jury to find offence proved beyond 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) Cases Cited: R v ND [2016] NSWCCA 103 Rasic v R; Johnny Lee Vella v R; Damien Charles Vella v R [2009] NSWCCA 202 SKA v Regina [2012] NSWCCA 205 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: ND – Applicant Regina – Respondent Crown Representation: Counsel: T Gartelmann SC – Applicant H Roberts – Respondent Crown

Solicitors: Legal Aid NSW – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2013/352176 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 6 November 2015 Before: Norton SC DCJ File Number(s): 2013/352176