PM v R [2017] NSWCCA 108

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PM v R [2017] NSWCCA 108 Hearing dates: 26 April 2017 Date of orders: 24 May 2017 Decision date: 24 May 2017 Before: Hoeben CJ at CL at [1]; Price J at [2]; Fullerton J at [79] Decision: (1) An extension of time in which to seek leave to appeal is granted. (2) Leave to appeal is granted. (3) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – judge alone trial – whether extension of time to seek leave to appeal should be granted – whether significant forensic disadvantage direction was adequate – whether reversal of onus of proof – whether Murray direction was adequate – whether limited good character direction should have been given Legislation Cited: Crimes Act 1900, ss 59(1), 61J, 61M(1), 67, 76 Evidence Act 1995, ss 55, 165(1)(c), 165B, s 165(4), 165B(2) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Melbourne v The Queen (1999) 198 CLR 1; [1999] HCA 32 R v Murray (1987) 11 NSWLR 12 Kaifoto v R [2006] NSWCCA 186 House v The King (1936) 55 CLR 499; [1993] HCA 40 Braysich v The Queen (2011) 243 CLR 434; [2011] HCA 14 Category: Principal judgment Parties: PM (Appellant) Regina (Respondent) Representation: Counsel: Mr W. Flynn (Appellant) Mr E. Balodis (Respondent)

Solicitors: Ms M. Maltezos (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/120972 Publication restriction: Non-publication order in relation to the name of the complainants and the witness JC and anything that might identify them. Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 2 December 2013 Before: Freeman ADCJ File Number(s): 2011/120972