Lepine v R [2017] NSWCCA 83

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lepine v R [2017] NSWCCA 83 Hearing dates: 27 March 2017 Decision date: 02 May 2017 Before: Hoeben CJ at CL at [1]; Walton J at [2]; R A Hulme J at [3] Decision: Application for extension of time to seek leave to appeal against conviction refused. Catchwords: CRIMINAL PROCEDURE – application for leave to appeal against conviction – where extension of time required – where explanation for substantial delay unsatisfactory – where proposed appeal has no merit – application dismissed CRIMINAL LAW – appeal against conviction – unreasonable verdicts – inconsistent verdicts – where complainant's evidence was supported by other evidence for the charges of indecent assault but not sexual intercourse – where jury could have found applicant made admissions to charges of indecent assault but not sexual intercourse – complaint evidence capable of supporting charges of indecent assault but not sexual intercourse – reasonable basis for differentiating between charges of indecent assault and charges of sexual intercourse – verdicts not unreasonable or inconsistent Legislation Cited: Crimes Act 1900 (NSW) s 61E(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 10 Criminal Appeal Act 1912 (NSW) s 10 Criminal Appeal Rules rr 3A, 3B Cases Cited: MFA v The Queen [2002] HCA 53; 213 CLR 606 MG v R [2017] NSWCCA 14 Peiris v R [2014] NSWCCA 58; 240 A Crim R 114 R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82 R v Murray (1987) 11 NSWLR 12 TK v R [2009] NSWCCA 151; 74 NSWLR 299 Category: Principal judgment Parties: Brett Lepine (Applicant) Regina (Respondent) Representation: Counsel: Mr G James QC with Mr A Radojev (Applicant) Mr N Adams (Crown)