Donohoe v R [2017] NSWCCA 174

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Donohoe v R [2017] NSWCCA 174 Hearing dates: 30 June 2017 Decision date: 21 July 2017 Before: Hoeben CJ at CL at [1] Fullerton J at [2] Garling J at [108] Decision: 1. Leave to appeal against the conviction on all grounds except Ground 1 (in part) granted. 2. The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – sexual offences against three cognitively impaired complainants – thirteen counts – whether evidence of complainants was unreliable - whether conduct of trial was unfair – tendency evidence – implied admission - no error in trial judge's analysis of the evidence, findings of fact or application of the law – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Bryant v R [2011] NSWCCA 26 CR v R [2017] NSWCCA 29 DJW v R [2015] NSWCCA 164 Hughes v R [2017] HCA 20 Kelly v R (2004) 218 CLR 216; [2004] HCA 12 Mackenzie v R (1996) 190 CLR 348; [1996] HCA 35 Mcintosh v R [2015] NSWCCA 184 Nguyen V R [2017] NSWCCA 145 Category: Principal judgment Parties: Robert Donohoe (Applicant) The Crown (Respondent) Representation: Counsel: S Hughes (Crown)

Solicitors: In person (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2014/273144 Decision under appeal Court or tribunal: District Court Date of Decision: 23 November 2015 Before: Williams ADCJ File Number(s): 2014/273144