Biggers v R [2020] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Biggers v R [2020] NSWCCA 22 Hearing dates: 7 February 2020 Decision date: 13 March 2020 Before: McCallum JA at: [1] Adamson J at: [178] Beech-Jones J at: [183] Decision: (1) Extend the time within which the appeal may be commenced to 19 September 2019. (2) Pursuant to s 5(1)(b) of the Criminal Appeal Act 1912 (NSW), grant leave to appeal. (3) Dismiss the appeal. Catchwords: CRIME — Sexual offences — alleged incompetence of trial counsel in failing to dispute geographical jurisdictional nexus with New South Wales in respect of one count on the indictment — whether there was a rational explanation for counsel's approach — where dispute as to nexus on that count may have enhanced the complainant's credibility on another count on the indictment

CRIME — Appeals — Appeal against conviction — Unreasonable verdict Legislation Cited: Crimes Act 1900 (NSW) pt 1A, ss 61L, 61I Criminal Appeal Act 1912 (NSW) ss 6(1), 5(1)(b) Criminal Procedure Act 1986 (NSW) ss 23, 133 Cases Cited: Alkhair v R (2016) 255 A Crim R 419; [2016] NSWCCA 4 Douglas v The Queen [2012] HCA 34; 86 ALJR 1086 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Category: Principal judgment Parties: Philip Biggers (applicant) Director of Public Prosecutions (respondent) Representation: Counsel: J Paingakulam (applicant) M Kumar (Crown)