Legal Research
Cases
Grant v R

Grant v R

Case [2024] NSWCCA 30 15 March 2024

Type to search within this case.

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Grant v R [2024] NSWCCA 30
Hearing dates: 1 March 2024
Date of orders: 1 March 2024
Decision date: 15 March 2024
Before: Stern JA, Davies & Campbell JJ at [1]
Decision:
(1) Leave is granted to file the notice of appeal after the expiry of the filing period.
(2) The Court directs that there be a hearing before the Registrar after 11 March 2024.
(3) Grant leave for the bail application dated 28 February 2024 to be renewed on today’s date, filed in court and be returnable instanter.
(4) Conditional bail granted on the following conditions:
1. The applicant is to be of good behaviour; and
2. The applicant is to appear in court when required to do so.

Catchwords:
CRIME – appeals – extension of time – where applicant pleaded guilty to maintaining an unlawful sexual relationship with a child – female teacher sexually abused one of her students between 1977 and 1979 – where underlying offences were contrary to s 81 of the Crimes Act 1900 (NSW) (since repealed) – where Court recently held in Lam v R [2024] NSWCCA 6 that s 81 was incapable of being committed by a female – applicant now seeks leave to appeal against conviction – where no application made to withdraw plea – extension of time granted
CRIME – bail – bail pending appeal – whether pending proceedings – whether bail should be granted – necessity to demonstrate “special or exceptional circumstances” – where Crown accepts applicant more likely than not to succeed on appeal – where no bail concerns – conditional bail granted

Legislation Cited:
Bail Act 2013 (NSW) ss 22, 59, 61
Crimes Act 1900 (NSW) s 66EA, ss 79-81 (now repealed)

Cases Cited:
Garcia-Godos v R; MH v R [2023] NSWCCA 145
Lam v R [2024] NSWCCA 6
Meissner v The Queen (1995) 184 CLR 132
Obeid v R (No 2) [2016] NSWCCA 321
R v Smith [2023] NSWSC 36
White v R [2022] NSWCCA 241

Texts Cited:
Nil

Category: Principal judgment
Parties: Gaye Grant (Applicant)
The King (Respondent)
Representation:
Counsel:
S Boland (Applicant)
G Newton SC (Respondent)
Solicitors:
Hugo Law Group (Applicant)
Director of Public Prosecutions (Respondent)

File Number(s): 2021/182084 and 2024/77170
Publication restriction: Nil
Decision under appeal

Court or tribunal:

District Court of NSW

Jurisdiction:

Criminal

Citation:

Nil

Date of Decision:

20 December 2022

Before:

Judge Haesler SC

File Number(s):

2021/182084

Judgment OF THE COURT

At the hearing of an application for an extension of time to appeal against the applicant’s conviction, and for bail pending the hearing of the appeal if an extension of time was granted, the Court made the following orders, with reasons to be provided at a later date:

Leave is granted to file the notice of appeal after the expiry of the filing period.
The Court directs that there be a hearing before the Registrar after 11 March 2024.
Grant leave for the bail application dated 28 February…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Grant v R

Details

AGLC: Grant v R [2024] NSWCCA 30
Case: [2024] NSWCCA 30
Decision Date: 15 March 2024

CaseChat Overview and Summary

In the matter of Grant v R, the applicant, who had previously pleaded guilty to maintaining an unlawful sexual relationship with a child, appealed against his conviction. The underlying offences involved the applicant, a female teacher, sexually abusing one of her students between the years 1977 and 1979. These offences were contrary to section 81 of the Crimes Act 1900 (NSW), a provision that was recently held to be incapable of being committed by a female in the case of Lam v R [2024] NSWCCA 6. The applicant sought leave to appeal against his conviction, but did not seek to withdraw his plea.

The primary legal issue before the court was whether the applicant was entitled to an extension of time to appeal his conviction, given the recent development in Lam v R. The court also had to consider whether the applicant was entitled to bail pending the appeal. This required the applicant to demonstrate special or exceptional circumstances, particularly as the Crown accepted that he was more likely than not to succeed on appeal. Additionally, there were no concerns raised regarding the applicant's bail.

The court found that the applicant was entitled to an extension of time to appeal his conviction due to the significant legal development in Lam v R. In light of this, the court also granted conditional bail pending the appeal, noting that the applicant had demonstrated exceptional circumstances and that there were no concerns regarding his bail.

The court ordered that the applicant be granted leave to appeal against his conviction, with an extension of time. Additionally, conditional bail was granted pending the appeal.

Orders