Ganiji v R [2019] NSWCCA 208

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ganiji v R [2019] NSWCCA 208 Hearing dates: 3 July 2019 Decision date: 30 August 2019 Before: Basten JA at [1]; Button J at [54]; Lonergan J at [63] Decision: (1) Grant the applicant an extension of time to permit the filing of a notice of appeal including the further ground up to and including 2 July 2019. (2) Pursuant to r 4, Criminal Appeal Rules, refuse leave to rely upon the new ground. (3) Grant the applicant leave to appeal on the ground that the verdict was unreasonable. (4) Dismiss the appeal against the conviction on count 1. Catchwords: CRIMINAL LAW – appeal and new trial – conviction appeal – applicant convicted of non-consensual sexual intercourse but acquitted of indecent assault – whether verdict unreasonable or insupportable having regard to evidence – principles applicable to unreasonable verdicts – assessment of factual circumstances – evidence of conduct and initial complaints significantly more substantial for offence resulting in conviction

CRIMINAL LAW – appeal and new trial – conviction appeal – direction as to need to consider counts separately – direction as to use of doubts as credibility of complainant on one charge in considering other charge – comment as to prosecution case if satisfied as to complainant's credibility – no objection taken at trial – whether direction adequate – R v Markuleski considered Legislation Cited: Crimes Act 1900 (NSW), s 578A Criminal Appeal Act 1912 (NSW), s 6 Criminal Procedure Act 1986 (NSW), ss 294, 294AA