Stevenson v R; Waters v R [2020] NSWCCA 58

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stevenson v R; Waters v R [2020] NSWCCA 58 Hearing dates: 25 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Before: Harrison J at [1] Hamill J at [2] Wilson J at [30] Decision: Kurt Stevenson: (1) Extend time for the filing of the notice of appeal. (2) Grant leave to appeal in relation to ground 4. (3) Allow the appeal. (4) Set aside the convictions on counts 3A, 4A and 6A. (5) Remit the proceedings to the District Court for re-trial at the discretion of the Director of Public Prosecutions. (6) Affirm the convictions on counts 1A, 2A and 5A. (7) Quash the aggregate sentence imposed by Judge Norton SC and remit the proceedings to the District Court for re-sentence on counts 1A, 2A and 5A. (8) Bail is refused. (9) The case is listed for mention before the District Court in Sydney on 1 May 2020.

Andrew Waters: (1) Extend time for the filing of the notice of appeal. (2) Grant leave to appeal in relation to ground 4. (3) Allow the appeal. (4) Set aside the convictions on counts 2A, 3A, 4A and 5A. (5) Remit the proceedings to the District Court for re-trial at the discretion of the Director of Public Prosecutions. (6) Affirm the convictions on count 6A. (7) Quash the aggregate sentence imposed by Judge Norton SC and remit the proceedings to the District Court for re-sentence on count 6A. (8) Bail is refused. (9) The case is listed for mention before the District Court in Sydney on 1 May 2020. Catchwords: CRIMINAL LAW – sexual offences alleged against multiple accused – confusion as to basis of liability – principal in the second degree – joint criminal enterprise – where earlier decision of the Court quashed a co-accused's conviction – no challenge to earlier decision – concession by Director of Public Prosecutions – multiple offences – appeal upheld in relation to convictions on some counts – convictions on other counts confirmed – aggregate sentence quashed – matter remitted to District Court for re-sentencing Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Carlyle-Watson v R [2019] NSWCCA 226 (restricted) Category: Principal judgment Parties: Andrew Waters (Applicant) Kurt Stevenson (Applicant) Regina (Respondent) Representation: Counsel: S Kluss (Waters) S Fraser (Stevenson) C Curtis (Regina)