CJW v R [2018] NSWCCA 80

CJW v R [2018] NSWCCA 80

The evidence did not support the applicant's submission that the offending occurred solely within the asserted seven-week window between the complainant's ninth birthday and the applicant moving to Muswellbrook. The complainant's evidence as to dates and timing was not given with certainty, and the jury was entitled to conclude that the offence occurred within the period when the applicant resided at Lake Haven, having regard to the complainant's age, the effluxion of time, and the totality of evidence. The verdict of guilty in relation to count 5 was not unreasonable and could be supported having regard to the evidence.

Parties
Applicant: CJW; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Conviction Appeal / Leave to Appeal and Disposition
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Assault With Act of Indecency, Unreasonable Jury Verdict, Timeframe for Offending, Conviction Appeal
Criminal Law Assault With Act of Indecency Unreasonable Jury Verdict Timeframe for Offending Conviction Appeal

Case Brief

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Parties

CJW

Applicant

Regina

Respondent Crown

Procedural Posture

Conviction Appeal / Leave to Appeal and Disposition

Legal Issues

  1. 1 Whether jury verdict was unreasonable and cannot be supported having regard to the evidence
  2. 2 Whether the evidence established that the offence occurred within the asserted narrow timeframe
  3. 3 Whether the date of offending in the indictment was essential for the Crown to establish

Ratio Decidendi

The evidence did not support the applicant's submission that the offending occurred solely within the asserted seven-week window between the complainant's ninth birthday and the applicant moving to Muswellbrook. The complainant's evidence as to dates and timing was not given with certainty, and the jury was entitled to conclude that the offence occurred within the period when the applicant resided at Lake Haven, having regard to the complainant's age, the effluxion of time, and the totality of evidence. The verdict of guilty in relation to count 5 was not unreasonable and could be supported having regard to the evidence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.