BF v R [2019] NSWCCA 321

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BF v R [2019] NSWCCA 321 Hearing dates: 16 October 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Before: Macfarlan JA at [1]; Johnson J at [53]; R A Hulme J at [54] Decision: (1) In lieu of the suppression order made in the District Court on 12 June 2018, order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) that for a period of 5 years from the date of this order publication of any information tending to reveal the identity of the complainant, the applicant, any of their children or any witnesses or persons named in the trial (other than police officers) in connection with these proceedings be prohibited. (2) Order (1) is made on the grounds stated in ss 8(1)(a), (c) and (d) of that Act and is to apply throughout the Commonwealth. (3) Grant leave to appeal against the applicant's convictions. (4) Dismiss the appeal. Catchwords: CRIME – conviction appeal – whether unreasonable verdicts – sexual and violent acts committed against de facto partner – whether jury's verdicts of not guilty on ten counts and guilty on three others are inconsistent – logical and reasonable explanations available for verdicts – appeal dismissed Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8(1), 12 Crimes Act 1900 (NSW), ss 33(1), 35(4), 66I, 66J, 93G Criminal Appeal Act 1912 (NSW), s 5(1)(b) Cases Cited: Holloway v R [2017] NSWCCA 17 Jones v The Queen (1997) 191 CLR 439; [1997] HCA 12 Mackenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 MG v R [2017] NSWCCA 14 Nguyen v The Queen [2017] NSWCCA 145 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 R v TK (2009) 74 NSWLR 299; [2009] NSWCCA 151 Category: Principal judgment Parties: BF (Applicant) Regina (Respondent) Representation: Counsel: A Hughes (Applicant) B Hatfield (Respondent)