LS v R [2019] NSWCCA 258

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LS v R [2019] NSWCCA 258 Hearing dates: 21 October 2019 Decision date: 31 October 2019 Before: Hoeben CJ at CL at [1]; Walton J at [122]; Price J at [123] Decision: (1) Grant leave to appeal against conviction. (2) The appeal against conviction is dismissed. Catchwords: CRIMINAL LAW – conviction appeal –13 counts alleging sexual misconduct by an uncle against his niece – jury trial – applicant found guilty of six of the charges and not guilty of seven charges – single ground of appeal asserting unreasonable verdicts – offences said to have occurred between 1991 and 2000 – complainant aged 4 when offending commenced – Crown case depended on evidence of complainant – challenge to complainant's credit – tendency evidence tendered in Crown case – whether jury verdicts inconsistent – effect of concessions made by complainant – credibility issues essentially a jury matter – well open to jury to be satisfied beyond reasonable doubt as to guilt of the applicant. Leave to appeal granted but appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: AH v R [2019] NSWCCA 152 Artery v R [2017] NSWCCA 259 BM v R [2017] NSWCCA 133 Darby v R [2016] NSWCCA 164 Gilham v R [2012] NSWCCA 131; 224 A Crim R 22 Hughes v The Queen [2017] HCA 20; 263 CLR 338 Jafary v R [2018] NSWCCA 243 Jones v The Queen [1997] HCA 56; 191 CLR 439 Libke v The Queen [2007] HCA 30; 230 CLR 559 M v The Queen [1994] HCA 63; 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 Miller v R [2014] NSWCCA 34 ML v R [2015] NSWCCA 27 Palmer v R [2018] NSWCCA 205 R v Carbone [2000] NSWCCA 387 The Queen v Nguyen [2010] HCA 38; 242 CLR 491 MacKenzie v The Queen [1996] HCA 35; 190 CLR 348 SKA v The Queen [2011] HCA 13; 243 CLR 400 Still v R [2010] NSWCCA 131 The Queen v Bauer [2018] HCA 40; 92 ALJR 846 Category: Principal judgment Parties: LS – Applicant Regina – Respondent Crown Representation: Counsel: A Healey – Applicant H Roberts – Respondent Crown