CF v R [2017] NSWCCA 318

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CF v R [2017] NSWCCA 318 Hearing dates: 8 November 2017 Decision date: 13 December 2017 Before: Gleeson JA at [1] Rothman J at [109] Hamill J at [110] Decision: (1) Extend time for filing the notice of application for leave to appeal.

(2) With respect to the appeal against conviction, grant leave to rely upon ground 1 pursuant to Criminal Appeal Rules, r 4.

(3) Appeal against conviction dismissed.

(4) Grant leave to appeal against sentence.

(5) Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – procedure – whether appropriate to grant leave under Criminal Appeal Rules, r 4 – whether provision of video and audio recordings of complainant's evidence to jury during deliberations constituted a miscarriage of justice – where applicant led positive defence case at trial – whether danger that jury would give disproportionate weight to the complainant's recorded evidence – where warning given to the jury – where applicant's trial counsel did not object or seek redirection.

CRIMINAL LAW – appeal against sentence – whether sentence manifestly excessive. Legislation Cited: Crimes Act 1900 (NSW), ss 3(1), 61M(2), 66C(1), 66M(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(eb) and (k), 53A(2) Criminal Appeal Act 1912, s 6 Criminal Procedure Act 1986 (NSW), ss 306A, 306B, 306E, 306F, 306G, 306H, 306I, 306J, 306K, 306L, 306M(1), 306P(1), 306S, 306U, 306V, 306X, 306Z, 306ZI, Divs 3 and 4, Pt 5, Ch 6 Criminal Procedure Amendment (Sexual and Other Offences) Act 1986 (NSW) Criminal Procedure Amendment (Vulnerable Persons) Act 2007 (NSW), Pt 6 Criminal Appeal Rules, r 4 Evidence Act 1995 Evidence (Children) Act 1997 (NSW), ss 6, 14, 25 Cases Cited: Gately v The Queen (2007) 232 CLR 208; [2007] HCA 55 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Jarrett v R (2014) 86 NSWLR 623; [2014] NSWCA 140 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Papakosmas v R (1999) 196 CLR 297 R v Button (2002) 54 NSWLR 455; [2001] NSWCCA 159 R v Michael Anthony Ryan (No 7) [2012] NSWSC 1160 R v NZ (2005) 63 NSWLR 628; [2005] NSWCCA 278 Category: Principal judgment Parties: CF (Applicant) Director of Public Prosecutions (NSW) (Crown) Representation: Counsel: Mr J Stratton SC / Mr J Trevallion and Mr R Armitage (Applicant) Ms B Baker (Respondent Crown)