SS v R [2024] NSWCCA 128

SS v R [2024] NSWCCA 128

No miscarriage of justice was occasioned by the trial judge's refusal to recuse herself and abort the trial, as no forensic disadvantage or particular prejudice to the applicant was identified, the defence had ample opportunity for recalibration, and the complainant's mother's evidence did not materially affect the Crown case. The conviction was not unreasonable, as the complainant's evidence was credible, corroborated by contemporaneous complaints, medical examination, and family admissions; alleged inconsistencies and post-offence conduct did not undermine reliability. The fresh evidence application on sentence was insufficient, did not establish the medical condition at the time of...

Jurisdiction
Australia
Judgment Date
19 July 2024
Procedural Posture
Criminal Appeal / Judgment After Hearing on Application for Extension of Time and Leave to Appeal Against Conviction and Sentence
Outcome
Extension of time and leave to appeal against conviction granted; conviction appeal dismissed; extension of time for leave to appeal against sentence refused.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'miscarriage of Justice' 'unreasonable Verdict' 'sexual Assault Offences' 'extension of Time for Appeal']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'miscarriage of Justice' 'unreasonable Verdict' 'sexual Assault Offences' 'extension of Time for Appeal']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment After Hearing on Application for Extension of Time and Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether trial judge's refusal to recuse herself and abort trial resulted in a miscarriage of justice" 'Whether the conviction was unreasonable having regard to the evidence' 'Whether extension of time for leave to appeal against sentence ought be granted due to fresh evidence of terminal illness']

Ratio Decidendi

No miscarriage of justice was occasioned by the trial judge's refusal to recuse herself and abort the trial, as no forensic disadvantage or particular prejudice to the applicant was identified, the defence had ample opportunity for recalibration, and the complainant's mother's evidence did not materially affect the Crown case. The conviction was not unreasonable, as the complainant's evidence was credible, corroborated by contemporaneous complaints, medical examination, and family admissions; alleged inconsistencies and post-offence conduct did not undermine reliability. The fresh evidence application on sentence was insufficient, did not establish the medical condition at the time of...

Court Disposition

Extension of time and leave to appeal against conviction granted; conviction appeal dismissed; extension of time for leave to appeal against sentence refused.

Orders

  • ['Extend the time for filing of the notice of appeal with respect to grounds 1 and 2 (against conviction) to 3 April 2024.' 'Grant leave to appeal against the conviction (grounds 1 and 2).' 'Dismiss the appeal against conviction.' 'Refuse to extend time for filing the notice of appeal with respect to ground 3...