O’Connell v R [2022] NSWCCA 213

O’Connell v R [2022] NSWCCA 213

Leave to file out of time was granted because the unchallenged solicitor's explanation established that the delay resulted from administrative oversight in circumstances affected by COVID-19 lockdowns and the applicant had maintained instructions to proceed. Leave to appeal was granted, but the appeal was dismissed because, although there was no direct evidence of the offending acts and no physical video evidence, the whole circumstantial case was strong. It was open to the jury to accept Mr O'Connell's account of being shown a video and the applicant's statements about it, and his account was corroborated by Mr Crews' strikingly similar evidence about a video. The WhatsApp messages were...

Jurisdiction
Australia
Judgment Date
07 October 2022
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to File Notice of Appeal Out of Time and for Leave to Appeal; Appeal Determined
Outcome
Leave to file Notice of Appeal out of time granted; leave to appeal granted; appeal dismissed.
Legal Topics
['unreasonable Verdict' 'sexual Intercourse With a Child Under 10 Years' 'aggravated Indecent Assault' 'admissions' 'tendency Evidence' 'extension of Time to Appeal']
['criminal Law' 'criminal Appeals' 'evidence'] ['unreasonable Verdict' 'sexual Intercourse With a Child Under 10 Years' 'aggravated Indecent Assault' 'admissions' 'tendency Evidence' 'extension of Time to Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to File Notice of Appeal Out of Time and for Leave to Appeal; Appeal Determined

Legal Issues

  1. 1 ['Whether leave should be granted to file the Notice of Appeal after the expiry of the filing period.' 'Whether leave to appeal should be granted because the proposed ground raised a question of fact alone.' "Whether the jury's verdicts were unreasonable and could not be supported having regard to the evidence." 'Whether, on the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the applicant was guilty of the two offences.']

Ratio Decidendi

Leave to file out of time was granted because the unchallenged solicitor's explanation established that the delay resulted from administrative oversight in circumstances affected by COVID-19 lockdowns and the applicant had maintained instructions to proceed. Leave to appeal was granted, but the appeal was dismissed because, although there was no direct evidence of the offending acts and no physical video evidence, the whole circumstantial case was strong. It was open to the jury to accept Mr O'Connell's account of being shown a video and the applicant's statements about it, and his account was corroborated by Mr Crews' strikingly similar evidence about a video. The WhatsApp messages were...

Court Disposition

Leave to file Notice of Appeal out of time granted; leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to the applicant to file the Notice of Appeal after the expiry of the filing period.' 'Grant leave to appeal.' 'Appeal dismissed.']