Wheeler v R [2019] NSWCCA 255

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wheeler v R [2019] NSWCCA 255 Hearing dates: 7 August 2019 Date of orders: 25 October 2019 Decision date: 25 October 2019 Before: Bathurst CJ at [1] Garling J at [9] Wright J at [108] Decision: (1) Grant leave to extend the time within which to bring this application for leave to appeal to 20 March 2019; (2) Leave to appeal be granted; (3) Appeal allowed; (4) Convictions of the applicant on Counts 2, 3, 7 and 8 on the Indictment dated 25 November 2014 be quashed, and in lieu thereof order that acquittals be entered on those counts. Catchwords: CRIME – Appeals – appeal against conviction – where applicant convicted of four counts of indecent and sexual assault with a person under 16 years – where applicant is acquitted of four counts of assault and indecency – whether the verdicts were unreasonable – whether the whether the differential verdicts are irreconcilable – whether there was inconsistency in the jury's verdict – where the complainant's evidence at trial was uncorroborated – credibility of the witness Legislation Cited: Crimes Act 1900 Cases Cited: AH v R [2019] NSWCCA 152 Bell v Regina [2017] NSWCCA 207 MC v R [2017] NSWCCA 274 McKenzie v The Queen [1996] HCA 35; (1996) 190 CLR 348 MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606 M v The Queen (1994) 181 CLR 487; [1994] HCA 63; R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 R v TK [2009] NSWCCA 151; (2009) 74 NSWLR 299 SKA v R (2011) 243 CLR 400; [2011] HCA 13 Texts Cited: Nil Category: Principal judgment Parties: Eric Wheeler (Applicant) The Crown Representation: Counsel: S Hall (Applicant) J Roy (Crown)