GD v R [2018] NSWCCA 18

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GD v R [2018] NSWCCA 18 Hearing dates: 9 February 2018 Decision date: 21 February 2018 Before: Macfarlan JA at [1]; Hoeben CJ at CL at [86]; Garling J at [87] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the applicant's conviction of the offence charged in Count 4 of the indictment filed on 20 March 2017. (4) Direct a judgment and verdict of acquittal on that charge. (5) Direct that the applicant be released from custody forthwith. Catchwords: CRIME – appeal against conviction – applicant acquitted of three counts of indecent assault committed in the presence of a person under 10 years of age but convicted of sexual intercourse with person under 10 years of age – whether jury verdict unreasonable or cannot be supported by evidence – relevance of delay in complaint Legislation Cited: Crimes Act 1900 (NSW), ss 61M(2), 66A Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), s 294(2)(c) Evidence Act 1995 (NSW), s 66(1) Cases Cited: Dickson v R [2017] NSWCCA 78 Jarrett v The Queen (2014) 86 NSWLR 623; [2014] NSWCCA 140 Kilby v The Queen (1973) 129 CLR 490; [1973] HCA 30 M v The Queen (1994) 181 CLR; [1994] HCA 63 Nguyen v R [2017] NSWCCA 145 R v TK (2009) 74 NSWLR 299; [2009] NSWCCA 151 Romolo v R [2018] NSWCCA 3 Suresh v The Queen [1998] HCA 23; 72 ALJR 769 The Queen v Lillyman [1896] 2 QB 167 Category: Principal judgment Parties: GD (Applicant) Regina (Respondent) Representation: Counsel: T Game SC / G Scragg (Applicant) S Dowling SC (Respondent)