Binns v R [2017] NSWCCA 280

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Binns v R [2017] NSWCCA 280 Hearing dates: 15 November 2017 Decision date: 27 November 2017 Before: Basten JA at [1]; R A Hulme J at [59]; Garling J at [71] Decision: (1) Grant the applicant an extension of time to file his notice of appeal to the date of filing of the notice on 23 August 2017.

(2) Pursuant to rule 4, refuse leave with respect to grounds 1, 2 and 3.

(3) Refuse leave to appeal with respect to ground 4.

(4) Accordingly the application for leave to appeal is dismissed. Catchwords: CRIME – appeal – application for leave to appeal against conviction – applicant convicted of sexual intercourse with person under 10 years of age – whether trial judge should have given direction as to forensic disadvantage resulting from delay in complaint pursuant to Evidence Act 1995 (NSW), s 165B – whether jury should have been specifically directed to be satisfied beyond reasonable doubt of the truthfulness of the uncorroborated complainant – whether factual errors in trial judge's directions significant – whether verdict unsafe and unreasonable

CRIMINAL PROCEDURE – extension of time to appeal – failure to seek additional directions – leave required under Criminal Appeal Rules, r 4 – leave required under Criminal Appeal Act 1912, s 5(1) Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5 Criminal Appeal Rules, r 4 Criminal Procedure Act 1986 (NSW), ss 294, 294AA Evidence Act 1995 (NSW), ss 165, 165A, 165B Evidence Amendment Act 2008 (NSW) Cases Cited: AL v R [2017] NSWCCA 34 Crampton v The Queen (2000) 206 CLR 161; [2000] HCA 60 Ewen v R [2015] NSWCCA 117; 250 A Crim R 544 Groundstroem v R [2013] NSWCCA 237 Longman v The Queen (1989) 168 CLR 79; [1989] HCA 60 Munn v The Queen [2006] NSWCCA 61 Perez v Regina [2008] NSWCCA 46 PT v The Queen [2011] VSCA 43 R v Jovanovic (1997) 42 NSWLR 520 R v Murray (1987) 11 NSWLR 12 Regina v King [2000] NSWCCA 507 Robinson v The Queen (1999) 197 CLR 162; [1999] HCA 42 TO v R [2017] NSWCCA 12 Texts Cited: Law Reform Commission, Report No 102: Uniform Evidence Law (December 2005), Ch 18 Category: Principal judgment Parties: David Binns (Applicant) Regina (Respondent) Representation: Counsel: Mr D Randle (Applicant) Ms H Roberts (Respondent)