TWM v R [2018] NSWCCA 276

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: TWM v R [2018] NSWCCA 276 Hearing dates: 20 April 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Before: Fullerton J at [1]; Davies J at [70]; N Adams J at [71] Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – indictment containing multiple counts of sexual offences with respect to one complainant – verdicts of guilty returned on seven counts and verdicts of not guilty on three counts – significance of acquittals when considering reasonableness of guilty verdicts – significance of jury's rejection of complainant's evidence on one count on the assessment of reliability in respect of other counts – whether it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty – whether verdicts unreasonable – whether rational basis existed for the difference in the verdicts returned Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 61O(2), 66A Criminal Appeal Act 1912 (NSW), s 5(1)(b) Cases Cited: A reference by the Attorney General for the State of New South Wales under s 77(1)(b) of the Crimes (Appeal and Review) Act 2001 re the conviction of Frederick Lincoln McDermott [2013] NSWCCA 102 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MC v R [2017] NSWCCA 274 MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 Merrick v R [2017] NSWCCA 264 R v Jefferies [1969] 1 QB 120 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 R v Rowe [1955] 1 QB 573 R v Stringer [2000] NSWCCA 293 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Sen v The Queen (1991) 30 FCR 173 Stanford v R [2018] NSWCCA 249 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Category: Principal judgment Parties: TWM (Applicant) The Crown (Respondent) Representation: Counsel: A Hughes (Applicant) E Balodis (Crown)