PH v R [2017] NSWCCA 194

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PH v R [2017] NSWCCA 194 Hearing dates: 31 July 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Before: Johnson J at [1] Davies J at [2] Lonergan J at [88] Decision: (1) Leave to appeal granted.

(2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeals – appeal against conviction – aggravated indecent assault of child – whether jury's verdict unreasonable or cannot be supported by the evidence – uncle of 11 year old complainant – uncle instigates tickling game - physical acts not in dispute – whether the contact was intentional or accidental –– whether complainant's opinion about applicant's intention relevant – whether complainant's evidence unreliable - appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 SKA v The Queen (2011) 243 CLR 40; [2011] HCA 13 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: PH (Applicant) Crown (Respondent) Representation: Counsel: S Buchen (Applicant) C Webster SC (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/367183 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 18 September 2015 Before: Baly DCJ File Number(s): 2013/367183