Cullen v R

Case [2022] NSWCCA 63


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Cullen v R [2022] NSWCCA 63
Hearing dates: 8 November 2021
Date of orders: 30 March 2022
Decision date: 30 March 2022
Before: Simpson AJA at [1];
Rothman J at [89];
Ierace J at [326]
Decision:

(1)   Leave to appeal granted;

(2)   Appeal dismissed.

Catchwords:

CRIME – Conviction Appeal – Inconsistent verdicts – unreasonable verdicts – alleged confusion in case presented to jury – clear and unambiguous directions – no confusion as to factual basis of different counts – difference in verdicts accounted for by degree of independent corroborating evidence – no reasonable doubt – appeal dismissed

Legislation Cited:

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Crimes Act 1900 (NSW), ss 327; 328; 578A

Criminal Appeal Act 1912 (NSW), ss 5(b); 6(1)

Criminal Procedure Act 1986 (NSW)

Cases Cited:

Chamberlain (No 2) v The Queen (1984) 152 CLR 521; [1984] HCA 7

Ganiji v R [2019] NSWCCA 208

Hocking v Bell (1945) 71 CLR 430; [1945] HCA 16

Jones v The Queen (197) 191 CLR 439; [1997] HCA 56

KBT v The Queen (1997) 191 CLR 417; [1991] HCA 54

Keen v R (2020) 102 NSWLR 178; [2020] NSWCCA 59

KRM v The Queen (2001) 206 CLR 221; [2001] HCA 11

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

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

MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35

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

Morris v The Queen (1987) 163 CLR 454; [1987] HCA 50

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

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

R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290

R v Stone, (unreported, 13 December 1954)

R v TK (2009) 74 NSWLR 299; [2009] NSWCCA 151

Raspor v The Queen (1958) 99 CLR 347; [1958] HCA 30

SKA v The Queen (2011) 243 CLR 400; [2011] HCA 23

Category:Principal judgment
Parties: Luke Brian Cullen (Applicant)
Regina (Respondent)
Representation:

Counsel:
T Hammond (Applicant)
C Curtis (Respondent)

Solicitors:
JPM Legal (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2017/339025
Publication restriction:

Pursuant to s 15A of the Children (Criminal Proceedings Act 1987 (NSW), publication of the name of the Applicant’s son in any way that connects him with criminal proceedings is prohibited.

Pursuant to s 578A of the Crimes Act 1900 (NSW), publication of any matter which could identify the complainant is prohibited.
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
24 July 2020
Before:
Norton SC DCJ
File Number(s):
2017/339025

Judgment

  1. SIMPSON AJA: The applicant seeks leave to appeal against his conviction in the District Court at Grafton on a count of aggravated sexual intercourse without consent. Leave is…

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AGLC
Cullen v R [2022] NSWCCA 63
Case
[2022] NSWCCA 63
Decision Date

CaseChat Overview and Summary

The case of Cullen v R involved an appeal by the respondent against his conviction by the Supreme Court of New South Wales on four counts of sexual assault and one count of indecent assault. The respondent had been found guilty by a jury of multiple counts of sexual assault and one count of indecent assault following a trial. The appeal was based on the contention that the verdicts were inconsistent and unreasonable, and that there was confusion in the case presented to the jury. The respondent contended that the directions given by the trial judge were not clear and unambiguous, leading to confusion as to the factual basis of the different counts.

The legal issues before the court were whether the verdicts were inconsistent and unreasonable, and whether there was confusion in the case presented to the jury. The court needed to determine whether the trial judge's directions were clear and unambiguous, and whether the difference in verdicts was accounted for by the degree of independent corroborating evidence. The court also had to consider whether the evidence was such that no reasonable doubt could be entertained as to the guilt of the respondent.

The court held that there was no confusion in the case presented to the jury and that the trial judge's directions were clear and unambiguous. The court found that the difference in verdicts was accounted for by the degree of independent corroborating evidence. The court concluded that the evidence was such that no reasonable doubt could be entertained as to the guilt of the respondent on all counts. The appeal was dismissed.

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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