GN v R [2024] NSWCCA 39

GN v R [2024] NSWCCA 39

The appeal was dismissed because, reading the trial judge's reasons fairly and as a whole, the judge did not impermissibly take judicial notice or reason contrary to s 293, but was entitled to infer from KN's detailed and naive descriptions, using common sense and life experience, that she had observed ejaculation in the context of the charged offending. The remaining complaints did not establish error: the rejection of IM's evidence was adequately explained, the complaint evidence was sufficiently addressed, and DN's evidence was of little or no probative value and did not have to be expressly discussed.

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Convictions After Judge Alone Trial in the District Court; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['child Sexual Offences' 'judge Alone Trial Reasons' 'complaint Evidence' 'sexual Experience Evidence' 'judicial Notice' 'exclusion of Evidence' 'miscarriage of Justice']
['criminal Law' 'criminal Procedure' 'evidence'] ['child Sexual Offences' 'judge Alone Trial Reasons' 'complaint Evidence' 'sexual Experience Evidence' 'judicial Notice' 'exclusion of Evidence' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Convictions After Judge Alone Trial in the District Court; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the trial judge improperly took judicial notice that an 11-year-old would not know about ejaculation.' "Whether the trial judge's reasoning concerning KN's descriptions of ejaculation was contrary to s 293 of the Criminal Procedure Act 1986 (NSW)." "Whether the Crown's closing submissions on the complainant's lack of sexual experience led to a miscarriage of justice." "Whether the trial judge improperly rejected IM's evidence." 'Whether the trial judge failed to make necessary factual findings about complaint evidence.' "Whether the trial judge was required to consider DN's evidence in the reasons for verdict."]

Ratio Decidendi

The appeal was dismissed because, reading the trial judge's reasons fairly and as a whole, the judge did not impermissibly take judicial notice or reason contrary to s 293, but was entitled to infer from KN's detailed and naive descriptions, using common sense and life experience, that she had observed ejaculation in the context of the charged offending. The remaining complaints did not establish error: the rejection of IM's evidence was adequately explained, the complaint evidence was sufficiently addressed, and DN's evidence was of little or no probative value and did not have to be expressly discussed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']