Bolton v R

Case [2023] NSWCCA 211


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Bolton v R [2023] NSWCCA 211
Hearing dates: 24 July 2023
Date of orders: 28 August 2023
Decision date: 28 August 2023
Before: Harrison J at [1]
Wilson J at [53]
N Adams J at [55]
Decision:

(1) Grant leave to appeal.

(2) Dismiss the appeal.

Catchwords:

CRIMES – appeals – appeal against conviction – sexual offences against child – asserted unreasonableness or questionable supportability of verdicts – where complainant six years old at time of alleged offending and nine years old at trial – asserted inconsistency of complainant’s evidence – where allegations themselves said to be so inherently fantastical jury must have had doubt – nature of child sexual offending – nature of allegations described within experience of courts and the community – jury advantage in observing witnesses – verdicts not unreasonable

Legislation Cited:

Criminal Appeal Act 1912 (NSW) s 5

Cases Cited:

AS v R [2022] NSWCCA 291

Dansie v The Queen [2022] HCA 25

JL v R [2023] NSWCCA 99

Khan v R [2022] NSWCCA 157

Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66

Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30

M v The Queen (1994) 181 CLR 487; [1994] HCA 63

MFA v R (2002) 213 CLR 606; [2002] HCA 53

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12

RA v R [2020] NSWCCA 356

RW v R [2023] NSWCCA 2

Sita v R [2022] NSWCCA 90

SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13

The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35

VP v R [2021] NSWCCA 11

Z (a pseudonym) v R [2022] NSWCCA 8

Category:Principal judgment
Parties: Brendon Bolton (Applicant)
Rex (Respondent)
Representation:

Counsel:
M Avenell SC (Applicant)
E Nicholson (Respondent)

Solicitors:
Aboriginal Legal Service (NSW/ACT) (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2019/169366
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Citation:

N/A

Date of Decision:
10 December 2021 (conviction)
30 March 2022 (sentence)
Before:
Harris DCJ
File Number(s):
2019/00169366

HEADNOTE

[This headnote is not to be read as part of the judgment]

Mr Bolton was tried and convicted on 10 December 2021 of seven counts of sexual offending against his nephew before a jury and Harris DCJ. The allegations in the indictment were referable to three separate incidents:

  • The “bathroom allegations”;

  • The “couch allegations”; and,

  • The “grey bed allegations”

The circumstances of the alleged offending, globally, were perverse, opportunistic and at times bizarre. The complainant’s account, who was aged six at the time of the alleged offending, six at the time of a JIRT police interview and nine at the time of the pre-recorded hearing, contained inconsistencies regarding both the occurrence and substance of the alleged offending.

Mr Bolton on appeal took issue with his conviction, asserting that the verdicts were unreasonable and cannot be supported having…

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Bolton v R [2023] NSWCCA 211
Case
[2023] NSWCCA 211
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, the case of Bolton v R was heard. The appellant, Bolton, was convicted of sexually assaulting a child, with the complainant being six years old at the time of the alleged offences and nine at the time of the trial. The primary issue before the court was the fairness and reasonableness of the jury's verdicts, particularly in light of the complainant's young age and the alleged inconsistencies in her testimony. The court was required to assess whether the jury's decision was unreasonable or lacked adequate support, considering the inherent challenges in child sexual abuse cases and the unique circumstances of this case.

The court noted that the nature of child sexual abuse cases often presents unique difficulties in terms of evidence and witness credibility. The complainant's age at the time of the alleged offences and during the trial was highlighted as a critical factor. The court examined the consistency of the complainant's evidence and the inherent plausibility of the allegations, considering both the specific details of this case and the broader context of child sexual abuse cases. The jury's advantage in observing the complainant's demeanour and behaviour during testimony was also taken into account. Ultimately, the court determined that the jury's verdicts were not unreasonable and were adequately supported by the evidence presented.

The court held that the jury's verdicts were reasonable and supported by the evidence. The decision emphasised the importance of considering the unique challenges in child sexual abuse cases and the advantages juries have in assessing witness credibility. The court dismissed the appeal, affirming the conviction. The final orders of the court were that the appeal be dismissed and the convictions upheld.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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