BJ v R [2023] NSWCCA 77

BJ v R [2023] NSWCCA 77

The appeal was dismissed because the alleged contradictions about dates, occupation of the Church premises, the stage and musical instruments did not incontrovertibly rebut the complainant's recollection and concerned matters it was open to the jury to resolve; no error or risk of substantial miscarriage of justice was shown in continuing with 11 jurors after one juror was discharged for personal commitments; and the aggregate sentence was not unreasonable or plainly unjust having regard to the gravity of the offending and relevant sentencing considerations.

Jurisdiction
Australia
Judgment Date
05 April 2023
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against conviction and sentence granted; appeal dismissed.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'discharge of Juror' 'continuation of Trial With 11 Jurors' 'child Sexual Offences' 'manifestly Excessive Sentence']
['criminal Law' 'criminal Procedure' 'sentencing'] ['appeal Against Conviction' 'unreasonable Verdict' 'discharge of Juror' 'continuation of Trial With 11 Jurors' 'child Sexual Offences' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to discharge the entire jury under s 53C of the Jury Act 1977 (NSW) after discharging one juror during deliberations.' 'Whether the verdicts of guilty were unreasonable and could not be supported having regard to the evidence.' 'Whether the aggregate sentence of 14 years imprisonment with a non-parole period of 10 years was manifestly excessive.']

Ratio Decidendi

The appeal was dismissed because the alleged contradictions about dates, occupation of the Church premises, the stage and musical instruments did not incontrovertibly rebut the complainant's recollection and concerned matters it was open to the jury to resolve; no error or risk of substantial miscarriage of justice was shown in continuing with 11 jurors after one juror was discharged for personal commitments; and the aggregate sentence was not unreasonable or plainly unjust having regard to the gravity of the offending and relevant sentencing considerations.

Court Disposition

Leave to appeal against conviction and sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against conviction and sentence.' 'Dismiss the appeal.']