Wade v R [2018] NSWCCA 85

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wade v R [2018] NSWCCA 85 Hearing dates: 28 March 2018 Decision date: 11 May 2018 Before: R A Hulme J at [1]; Schmidt J at [201]; Hamill J at [246] Decision: 1. Leave to appeal against conviction and sentence granted. 2. Appeals against conviction and sentence dismissed. 3. Pursuant to s 18 of the Criminal Appeal Act 1912, the sentences imposed in the District Court on 3 November 2017 are varied as follows: Count 1 – the sentence of imprisonment for 6 months is to date from 20 April 2018. Count 2 – the sentence of imprisonment for 6 months is to date from 20 July 2018. Count 3 – the sentence of imprisonment for 15 months with a non-parole period of 6 months is to date from 20 July 2018. The non-parole period will expire on 19 January 2019 at which time the appellant will become entitled to release on parole. The total term of the sentence will expire on 19 October 2019. Catchwords: APPEALS – appeal against conviction – judge-alone trial – requirement to give reasons – historical indecent assaults by principal against pupils – whether trial judge failed to give reasons dealing with appellant's and expert's evidence occasioning miscarriage of justice – where appellant denied allegations but gave little evidence – where expert witness gave evidence of limitations of memory after time lapse – where trial judge gave extensive reasons for accepting complainant's evidence over appellant's evidence – trial judge gave adequate reasons why satisfied beyond reasonable doubt of accused's guilt – ground rejected.