IW v R [2019] NSWCCA 311

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: IW v R [2019] NSWCCA 311 Hearing dates: 9 September 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Before: Bathurst CJ at [1] Fullerton J at [3] Bellew J at [9] Decision: (1) The appeal against conviction is allowed.

(2) The convictions recorded against the appellant are quashed.

(3) The sentences imposed upon the appellant are quashed.

(4) Verdicts of acquittal are entered in respect of each of counts 1 and 2. Catchwords: CRIMINAL LAW – Evidence – Admissibility of credibility evidence of an accused – Where the appellant stood trial on charges of sexual assaulting a child in his care – Where the appellant relied substantially upon evidence of his good character as part of his defence – Where evidence of irrelevant matters had been excluded from a recorded interview between the appellant and police – Where such matters were specifically raised by counsel for the appellant in the appellant's evidence in chief notwithstanding that they had been excluded by agreement – Where Crown then cross-examined the appellant in relation to such matters without a grant of leave and in breach of relevant statutory provisions – Where the Crown's stated bases for the cross-examination were wholly inconsistent – Crown's cross-examination entirely impermissible and grossly unfair to the appellant

CRIMINAL LAW – Summing up by trial judge – Where trial judge repeated a materially erroneous statement made by the Crown regarding certain evidence – Erroneous reference by the trial judge to "bad character evidence" – Erroneous directions given by trial judge as to the evidence of the appellant's good character – Erroneous directions given by the trial judge as to the evidence of complaint