CJW v R [2018] NSWCCA 80

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CJW v R [2018] NSWCCA 80 Hearing dates: 16 April 2018 Date of orders: 04 May 2018 Decision date: 04 May 2018 Before: Hoeben CJ at CL at [1]; Fullerton J at [89]; Davies J at [91] Decision: (1) Leave to appeal granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – assault with an act of indecency on a person under the age of 16 years – whether jury verdict unreasonable and cannot be supported having regard to the evidence – no reliance placed on inconsistent verdicts – basis for appeal was that the evidence did not support the offence occurring within the narrow timeframe available – submission that date of offending in the indictment an essential element for the Crown to establish – whether timeframe for offending as narrow as asserted by applicant – open to jury to find offence proved beyond reasonable doubt – leave to appeal granted but appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 61M(2) Cases Cited: Cawthray v R [2013] NSWCCA 105 Hawi v R [2014] NSWCCA 83 M v The Queen [1994] HCA 63; 181 CLR 487 R v Kennedy [2000] NSWCCA 487; 118 A Crim R 34 SKA v The Queen [2011] HCA 13; 243 CLR 400 Stringer v R [2000] NSWCCA 293; 116 A Crim R 198 Category: Principal judgment Parties: CJW – Applicant Regina – Respondent Crown Representation: Counsel: P Rosser QC/A Mooney – Applicant B Hatfield – Respondent Crown