Rao v R [2019] NSWCCA 290

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rao v R [2019] NSWCCA 290 Hearing dates: 30 October 2019 Decision date: 09 December 2019 Before: Gleeson JA at [1] Harrison J at [155] Cavanagh J at [156] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal against conviction on counts 1, 2, 3 and 4. (3) Vary the sentence imposed in the District Court so that it provides: (a) Sentence the offender to an aggregate sentence of a term of imprisonment for 4 years, comprising a non-parole period of 2 years to commence from the date of these orders or such later date on which the appellant is first taken into custody, together with a balance of a term of 2 years expiring 4 years after the date of these orders or 4 years from such later date on which the appellant is first taken into custody; (b) Note that the earliest day on which the offender will become eligible to be released on parole is 8 December 2021 or the date two years from the date the offender is taken into custody, if that be not the date of these orders. Catchwords: CRIME – appeals – leave to appeal against conviction – unreasonable verdict – two counts of sexual intercourse without consent and two counts of indecent assault – Crimes Act 1900 (NSW), ss 61I & 61L – assessment of the nature and quality of evidence – asserted implausibility of complainant's account – whether inconsistencies in evidence and inadequate explanation for delay in report to police – leave granted and appeal dismissed

CRIME – appeals – where applicant granted conditional bail pending appeal – time on bail not counted towards sentence – Criminal Appeal Act 1912 (NSW), ss 18(2) & 28A – commencement date of sentence adjusted Legislation Cited: Bail Act 2013 (NSW), s 22 Crimes Act 1900 (NSW), ss 61I, 61L, 578A Crimes (Administration of Sentences) Amendment Act 2004 (NSW), s 4, Sch 3.2[2] Crimes (Sexual Assault) Amendment Act 1981 (NSW) Criminal Appeal Act 1912 (NSW), s 5(1)(b), 18(2), 28A Cases Cited: Braysich v The Queen (2011) 243 CLR 434; [2011] HCA 14 Fennell v The Queen [2019] HCA 37 Khamis v R; Hussain v R [2018] NSWCCA 131 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Melbourne v The Queen (1999) 198 CLR 1; [1999] HCA 32 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 R v Hall [2004] NSWCCA 127 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Stanford v R [2018] NSWCCA 249 Whan v McConaghy (1984) 153 CLR 631; [1984] HCA 22 Category: Principal judgment Parties: Mr Vaish Rao (Appellant) Crown (Respondent) Representation: Counsel: Mr B Hughes SC / Ms C Wasley (Appellant) Ms C Curtis (Respondent)