Hogan (a pseudonym) v R [2019] NSWCCA 125

Hogan (a pseudonym) v R [2019] NSWCCA 125

No error was identified in the trial judge’s refusal to grant a permanent stay; contemporaneous materials and cross-examination at committal were available, and the disadvantages could be cured by appropriate judicial direction. The jury’s mixed verdicts were explicable given the amendment expanding the dates on count 2, and the overall evidence allowed conviction on counts 1 and 3.

Parties
Appellant: Richard Hogan (a pseudonym); Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Criminal Appeal / Judgment After Hearing Appeal on Conviction
Outcome
Appeal dismissed. Leave to appeal granted to the extent necessary on ground 2.
Legal Topics
Conviction Appeal, Permanent Stay of Proceedings, Child Sexual Offences, Mixed Verdicts, Reasonableness of Verdict
Criminal Law Conviction Appeal Permanent Stay of Proceedings Child Sexual Offences Mixed Verdicts Reasonableness of Verdict

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Parties

Richard Hogan (a pseudonym)

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment After Hearing Appeal on Conviction

Legal Issues

  1. 1 Whether the trial judge erred by refusing a permanent stay of proceedings due to delay and loss of evidence
  2. 2 Whether the verdicts of guilty on counts 1 and 3 were unreasonable and not supported by the evidence, given the acquittal on count 2

Ratio Decidendi

No error was identified in the trial judge’s refusal to grant a permanent stay; contemporaneous materials and cross-examination at committal were available, and the disadvantages could be cured by appropriate judicial direction. The jury’s mixed verdicts were explicable given the amendment expanding the dates on count 2, and the overall evidence allowed conviction on counts 1 and 3.

Court Disposition

Appeal dismissed. Leave to appeal granted to the extent necessary on ground 2.

Orders

  • To the extent necessary, grant leave to the appellant to appeal against the conviction on the basis of ground 2.
  • Dismiss the appeal.