Maughan v R [2020] NSWCCA 51

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Maughan v R [2020] NSWCCA 51 Hearing dates: 9 March 2020 Decision date: 27 March 2020 Before: R A Hulme J at [1]; Adamson J at [8]; Ierace J at [15] Decision: (1) Grant leave to appeal in respect of ground 1;

(2) Dismiss the appeal in respect of ground 1;

(3) Refuse leave to appeal in respect of ground 2. Catchwords: CRIME – appeals – appeal against conviction – offence of indecent assault contrary to s 61L of the Crimes Act 1900 (NSW) – offence of sexual assault without consent contrary to s 61I of the Crimes Act 1900 (NSW) – whether unreasonable verdict having regard to the evidence – whether complainant's evidence implausible – whether complainant's evidence contradicted by other evidence – whether complainant's memories reliable – complainant's evidence found to be reliable – jury's verdicts reasonable – leave to appeal granted – appeal dismissed

CRIME – appeals – appeal against conviction – offence of indecent assault contrary to s 61L of the Crimes Act 1900 (NSW) – offence of sexual assault without consent contrary to s 61I of the Crimes Act 1900 (NSW) – whether miscarriage of justice – whether onus of proof was reversed – whether applicant's bad character was implied – matters not raised with trial judge – matters dealt with in applicant's address to the jury – leave to appeal not granted Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1914 (NSW) Criminal Appeal Rules (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: Dickson v The Queen (2017) 94 NSWLR 476; [2017] NSWCCA 78 Rao v R [2019] NSWCCA 290 Category: Principal judgment Parties: Kennith Gordon Maughan (Applicant) Regina (Respondent) Representation: Counsel: T Molomby SC; T Evers (Applicant) M Millward (Respondent)