White v R [2019] NSWCCA 168

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: White v R [2019] NSWCCA 168 Hearing dates: 12 July 2019 Decision date: 02 August 2019 Before: Leeming JA at [1]; R A Hulme J at [2]; Davies J at [145] Decision: 1. Leave to appeal against conviction granted. 2. Appeal against conviction dismissed. Catchwords: CRIME – appeals – appeal against conviction – jury verdict of guilty for offence of sexual intercourse with a child, and acquittal for three similar counts – whether conviction is unreasonable – whether it was not open to jury to be satisfied beyond reasonable doubt of guilt of applicant – review of evidence at trial – complainant aged 5-6 at time of alleged offending and aged 7 at trial – inconsistencies between contemporaneous police interview and cross-examination of complainant – young age and nature of child's memory relevant to jury's assessment of evidence – well open on evidence for jury to be satisfied beyond reasonable doubt of guilt – whether jury should have had a doubt about guilt because of acquittal on other counts – logical reasons for jury to have had reasonable doubt about other counts – appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 66A(1), 61M(2) Criminal Appeal Act 1912 (NSW), s 5(1)(b) Criminal Procedure Act 1986 (NSW), ss 150, 306S Evidence Act 1995 (NSW), s 13 Cases Cited: AZ v R [2018] NSWCCA 294 Crickitt v R [2018] NSWCCA 240 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Morris v The Queen (1987) 163 CLR 454; [1987] HCA 50 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 Roos v R [2019] NSWCCA 67 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Category: Principal judgment Parties: White (Applicant) Regina (Respondent) Representation: Counsel: Ms K Stares (Applicant) Mr F Veltro (Crown)