Massaquoi v R [2024] NSWCCA 125

Massaquoi v R [2024] NSWCCA 125

The applicant's argument fails because the sentencing judge was entitled to accept the complainant's evidence in full, absent any submission at first instance to distinguish her evidence as to particular acts; the attempt to reinvent the case on appeal is not permitted. No error or miscarriage of justice occurred.

Parties
Applicant: Sandy Massaquoi; Respondent: Rex
Jurisdiction
Australia
Judgment Date
17 July 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time refused; application for leave to appeal dismissed
Legal Topics
Appeal Against Sentence, Child Sexual Abuse Offences, Fact Finding After Trial, Obligation to Find Facts Consistent With Jury Verdict, Extension of Time for Appeal
Criminal Law Appeal Against Sentence Child Sexual Abuse Offences Fact Finding After Trial Obligation to Find Facts Consistent With Jury Verdict Extension of Time for Appeal

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Parties

Sandy Massaquoi

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge made evidence-based findings of fact concerning the extent of the offending under s 66EA of the Crimes Act 1900 (NSW)
  2. 2 Whether the sentencing judge was obliged to sentence on the basis most favourable to the applicant in light of the jury verdict

Ratio Decidendi

The applicant's argument fails because the sentencing judge was entitled to accept the complainant's evidence in full, absent any submission at first instance to distinguish her evidence as to particular acts; the attempt to reinvent the case on appeal is not permitted. No error or miscarriage of justice occurred.

Court Disposition

Extension of time refused; application for leave to appeal dismissed

Orders

  • Refuse an extension of time in which to bring an application for leave to appeal against the sentence imposed upon the applicant on 15 March 2021.