Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Brown v R [2025] NSWCCA 30 Hearing dates: 10 February 2025 Date of orders: 7 March 2025 Decision date: 07 March 2025 Before: Bell CJ at [1];
Stern JA at [4];
Yehia J at [54]Decision: (1) Grant leave to extend time to file the notice of appeal.
(2) Grant leave to appeal.
(3) Dismiss the appeal.
Catchwords: CRIME — appeals — appeal against conviction — unreasonable verdict — whether each or either verdict of guilty in relation to two counts of sexual intercourse without consent cannot be supported having regard to evidence
CRIME — appeals — appeal against sentence — application for leave to appeal out of time — application not opposed
CRIME — appeals — appeal against sentence —miscarriage of justice — whether discrepancies between the sentencing judge’s findings and evidence — where no objection taken at trial — whether errors of fact capable of influencing sentencing discretion — whether lesser sentence warranted in law
Legislation Cited: Crimes Act 1900 (NSW) ss 61HA, 61I, 61L
Criminal Appeal Act 1912 (NSW) ss 5(1)(b), 5(1)(c)
Cases Cited: AS v R [2022] NSWCCA 291
Banditt v The Queen (2005) 224 CLR 262; [2005] HCA 80
Cabot (a pseudonym) v R [2018] NSWCCA 265
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
M v The Queen (1994) 181 CLR 487
Newman (a pseudonym) v R [2019] NSWCCA 157
Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12
R v Aiken (2005) 63 NSWLR 719; [2005] NSWCCA 328
Sabapathy v R [2008] NSWCCA 82
Shortland v R [2024] NSWCCA 174
Texts Cited: E McDonald and others, Rape Myths as Barriers to Fair Trial Process: Comparing Adult Rape Trials with those in the Aotearoa Sexual Violence Court Pilot (Canterbury University Press, 2020)
New South Wales Law Reform Commission, Consent in Relation to Sexual Offences Report (Report 148, September 2020)
Category: Principal judgment Parties: Brown (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
T Ramrakha (Applicant)
K Jeffreys (Respondent)
Legal Aid NSW (Applicant)
Officer of the Director of Public Prosecutions (Respondent)
File Number(s): 2018/00383847 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW) there is to be no publication of any matter which is likely to lead to the identification of the complainant. Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 16 June 2023
- Before:
- Pickering DCJ
- File Number(s):
- 2018/00383847
HEADNOTE
[This headnote is not to be read as part of the judgment]
On 10 February 2023 a jury unanimously found the applicant guilty on two counts of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900 (NSW). Both counts involved the same complainant and…
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- AGLC
- Brown v The King [2025] NSWCCA 30
- Case
- [2025] NSWCCA 30
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide were whether the verdicts of guilty could be supported by the evidence presented and if the sentence imposed was appropriate given the circumstances. Regarding the verdicts, the court needed to determine if there were any errors in the application of the law that could have led to an unreasonable conclusion. As for the sentence, the court examined whether there were discrepancies between the sentencing judge's findings and the evidence, and if any errors of fact could have influenced the sentencing discretion. Additionally, the court assessed whether a lesser sentence was warranted in law.
The court found that the evidence did support the verdicts of guilty, and therefore, the appeal against the conviction was dismissed. However, the court granted leave to appeal the sentence due to the discrepancies in the sentencing process. The court concluded that, while no objection was taken at trial, the errors of fact identified could have potentially influenced the sentencing discretion. The court determined that a lesser sentence was warranted in light of the evidence and the circumstances of the case.
The final orders of the court included the dismissal of the appeal against conviction and the grant of leave to appeal the sentence. The court directed that the case be remitted to a lower court for reconsideration of the sentence, ensuring that any errors were rectified and a sentence that was warranted in law was imposed.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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