Abbott (a pseudonym) v R [2017] NSWCCA 149

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abbott (a pseudonym) v R [2017] NSWCCA 149 Hearing dates: 18 April 2017 Decision date: 28 June 2017 Before: Basten JA at [1]; McCallum J at [29]; Fagan J at [30] Decision: 1. Leave to appeal is granted in respect of all grounds. 2. The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – appellant charged with 6 counts of indecent assault against 2 child complainants contrary to Crimes Act 1900 (NSW), s 61M(2) – whether trial judge erred in refusing to order separate trials in respect of each complainant – cross-admissibility of complainants' evidence as tendency and context evidence – nature of context evidence – whether appellant had been prejudiced by trial on all counts – use of directions to ameliorate potential prejudice

CRIMINAL LAW – appeal against conviction – appellant convicted of 6 counts of indecent assault against child under 16 contrary to Crimes Act 1900 (NSW), s 61M(2) – whether trial judge erred in refusing to discharge jury where complainant did not answer questions in cross examination – whether appellant denied a fair trial – where unanswered questions did not take account of previous answers – cross examination of child complainants

CRIMINAL LAW – appeal against conviction – whether trial judge erred in failing to discharge jury on the basis of impermissible communications with witness under cross examination – whether communications calculated to corrupt the witness's testimony – whether convictions were unreasonable or unsupported by the evidence Legislation Cited: Crimes Act 1900 (NSW), s 61M Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), ss 29, 306U Evidence Act 1995 (NSW), ss 11, 13, 55, 97, 137 Cases Cited: DeVries v The Queen [2013] VSCA 210 DJV v R [2008] NSWCCA 272; 200 A Crim R 206 Hoch v The Queen (1988) 165 CLR 292 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 International Relief and Development Inc v Ladu [2013] FCA 1216 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Nudd v The Queen [2006] HCA 9; 80 ALJR 614 Potier v R [2015] NSWCCA 130 Qualtieri v Regina [2006] NSWCCA 95; 171 A Crim R 463 R v Barton [2004] NSWCCA 229 R v Belford & Bound [2011] QCA 43; 208 A Crim R 256 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Verma v R (1987) 30 A Crim R 441 Versi v R [2013] NSWCCA 206 Category: Principal judgment Parties: Abbott (a pseudonym) (appellant) Regina (respondent) Representation: Counsel: Mr Braddon Hughes SC/Ms Maeve Curry (appellant) Ms Helen Roberts (respondent)