White v R [2018] NSWCCA 156

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: White v R [2018] NSWCCA 156 Hearing dates: 14 May 2018 Decision date: 27 July 2018 Before: Beazley P at [1] Button J at [2] Fagan J at [231] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – child sexual assault – guilty verdict on single count in context of multiple acquittals – conviction said to be unreasonable and unable to be supported having regard to the evidence – asserted weakness of evidence of complainant – assertedly not open to jury to be satisfied that the offence occurred without the consent of the complainant and with knowledge of her state of mind – detailed analysis of evidence – rational and logical basis for differentiation of count 7 open to jury – satisfaction of aggravated offence open to jury – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes Act 1900 (NSW) Cases Cited: Haines v R [2018] NSWCCA 11 Irwin v The Queen [2018] HCA 8 M v the Queen [1994] HCA 63 MacKenzie v The Queen (1996) 190 CLR 348 MFA v The Queen (2002) 213 CLR 606 The Queen v Baden-Clay [2016] HCA 25; (2016) 258 CLR 308 Category: Principal judgment Parties: Shawn Raymond White (Applicant) Regina (Respondent) Representation: Counsel: M Avenell (Applicant) E Balodis (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/241652 Publication restriction: Non-publication order in relation to anything that might identify the complainant. Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 11 August 2017 Before: North DCJ File Number(s): 2014/241652