Crosland v R [2019] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Crosland v R [2019] NSWCCA 175 Hearing dates: 14 June 2019 Decision date: 02 August 2019 Before: Leeming JA at [1] Davies J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – application for leave to appeal against conviction – where indictment contained 7 counts alleging sexual offences (sexual intercourse without consent and indecent assault) – where verdicts of guilty returned after trial by jury in relation to counts 2-6 – where applicant acquitted of counts 1 and 7 – whether verdicts are inconsistent – whether verdicts of guilty are generally unreasonable or unable to be supported – discussion of the evidence given at trial – analysis of points of rational differentiation between acquittal counts and conviction counts – verdicts not irreconcilable – application of M v The Queen (1994) 181 CLR 487 – verdicts not generally unreasonable or unable to be supported – leave to appeal granted and appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5 Crimes Act 1900 (NSW), ss 61I and 61L Evidence Act 1995 (NSW), s 38 Cases Cited: Mackenzie v R (1996) 190 CLR 348; [1996] HCA 35 MFA v R (2002) 213 CLR 606; [2002] HCA 53 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Phillips v R (2006) 225 CLR 303; [2006] HCA 4 Category: Principal judgment Parties: Phillip Crosland (Applicant) Regina (Respondent) Representation: Counsel: S Healy (Applicant) G Newton (Respondent)