SC v R [2019] NSWCCA 25

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SC v R [2019] NSWCCA 25 Hearing dates: 11 February 2019 Decision date: 15 February 2019 Before: Gleeson JA at [1]; Schmidt J at [2]; Adamson J at [3] Decision: (1) Grant leave to appeal against conviction and sentence. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – application for leave to appeal against conviction – applicant acquitted of counts 1-5 and 9 but convicted of 6-8 – whether verdicts inconsistent – verdicts able to be reconciled on a logical and reasonable basis in accordance with Murray direction

CRIMINAL LAW – application for leave to appeal against conviction – whether reference to "pistol" in the evidence could be cured by direction or whether required discharge of jury – contribution made by applicant's trial counsel

CRIMINAL LAW – application for leave to appeal against sentence – alleged error in assessment of gravity of offending and alleged manifest excess – no rule that sex offences committed by an offender who is in a relationship with the victim are less serious – objective seriousness raises questions of fact and degree to be assessed by sentencing judge – breach of trust a factor in domestic violence offences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 28(1) Crimes Act 1900 (NSW), ss 59, 61I, 61J, 114 Criminal Appeal Act 1912 (NSW), s 8 Cases Cited: Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Gately v The Queen (2007) 232 CLR 208; [2007] HCA 55 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Mulato v R [2006] NSWCCA 282 R v Birks (1990) 19 NSWLR 677 R v Markuleski (2001) 52 NSWLR 82 R v Murray (1987) 11 NSWLR 12 Robinson v The Queen (1999) 197 CLR 162; [1999] HCA 42 The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: SC (Applicant) Regina Representation: Counsel: S Fraser (Applicant) T Smith (Crown)