Abbey v R [2017] NSWCCA 109

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abbey v R [2017] NSWCCA 109 Hearing dates: 10 May 2017 Decision date: 29 May 2017 Before: Leeming JA at [1]; Adamson J at [64]; Wilson J at [65] Decision: 1. Grant leave in respect of ground 3, and otherwise refuse leave. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – sexual assault – Crown case largely based on testimonial evidence of complainant of numerous assaults – inconsistent verdicts – jury convicted on three counts and acquitted on remaining counts – one of the counts of which appellant was acquitted was alleged to have occurred on same occasion as two on which he was convicted – whether acceptable explanation for the differentiation as a matter of logic and reasonableness – other evidence in Crown case corroborated the counts on which the applicant was convicted – whether trial judge erred in admitting evidence that appellant had admitted to some (unspecified) charges brought against him – whether trial judge failed adequately to direct jury – appeal dismissed

CRIMINAL LAW – appeal against sentence – whether sentence manifestly excessive – challenge confined to term of non-parole period – no error established Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes (Sentencing Procedure) Act 1999 (NSW), ss 28A, 44, 53A Crimes Act 1900 (NSW), ss 61J, 61O, 578A Criminal Appeal Act 1912 (NSW), s 6(1) Criminal Appeal Rules (NSW), r 4 Evidence Act 1995 (NSW), s 137 Cases Cited: Greenhalgh v R [2017] NSWCCA 94 Lepine v R [2017] NSWCCA 83 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 McCann v R [2014] NSWCCA 79 Meissner v The Queen (1995) 184 CLR 132 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 R v Burton [2013] NSWCCA 335; (2013) 237 A Crim R 238 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 Selby v R [2017] NSWCCA 40 Category: Principal judgment Parties: Abbey (a pseudonym) (Applicant) Crown (Respondent) Representation: Counsel: W T McMillan (Applicant) N Williams (Crown)