KC v The Queen

[2021] ACTCA 10

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title: 

KC v The Queen

Citation: 

[2021] ACTCA 10

Hearing Date: 

21 April 2021

Decision Date: 

21 April 2021

Before: 

Murrell CJ

Decision: 

Application dismissed.

Catchwords: 

APPEAL – APPLICATION FOR LEAVE TO APPEAL – Application for leave to appeal out of time – Appeal against conviction and sentence – Historical child sexual abuse –

Consideration of the prospects of success in the proposed appeal

Legislation Cited: 

Crimes (Sentencing) Act 2005 (ACT) s 34A
Crimes Act 1900 (ACT) ss 56, 92D

Cases Cited: 

R v EN [2019] ACTSC 354
R v King [2013] ACTCA 29
R v Scheeren [2014] ACTSC 272
Tully v The Queen [2016] ACTCA 11

Parties: 

KC (Applicant)

The Queen (Respondent)

Representation: 

Counsel

Self-represented (Applicant)
K McCann (Respondent)

Solicitors

Self-represented (Applicant)
ACT Director of Public Prosecutions (Respondent)

File Number: 

ACTCA 11 of 2021

Decision under appeal: 

Court/Tribunal:	ACT Supreme Court
Before:	Burns J
Date of Decision:	20 March 2020
Case Title:	R v KC
Citation:	[2020] ACTSC 94

MURRELL CJ: 

Introduction 

1.       On 2 March 2021, the Registrar refused to grant the applicant leave to appeal out of time against conviction and sentence on the basis that the applicant had failed to adequately explain why time should be extended. The applicant asked the Court of Appeal to grant leave.

2.       The applicant is self-represented.

Trial and sentence

3. On 6 December 2019, the applicant was convicted of three counts of maintaining a sexual relationship with a young person, contrary to s 56 of the Crimes Act 1900 (ACT) (Crimes Act) (Counts 1, 4 and 9) and one count of sexual intercourse without consent, contrary to s 92D of the Crimes Act (Count 10).

4.       Count 1 was the offence that, between 31 December 1979 and 1 January 1982, the applicant was in a sexual relationship with his niece, ND, and engaged in sexual acts with her when she was aged between 11 and 13 years.

5.       Count 4 was the offence that, between 31 December 1979 and 1 January 1990, the applicant was in a sexual relationship with his niece, UC, and engaged in sexual acts with her when she was aged between five and 15 years.

6.       Count 9 was the offence that, between 31 December 1979 and 8 May 1988, the applicant was in a sexual relationship with his niece, NM, and engaged in sexual acts with her when she was aged between seven and 15 years.

7.       Count 10 was the offence that, when NM was 16 years old, the applicant performed cunnilingus on her without her consent.

8.       The Crown case was that, from 1980, when the applicant resided with his parents at an address in Ainslie, his nieces would often attend the residence before and after school, when they were sick, and during school holidays, to be cared for as their parents worked. At such times, the applicant sexually assaulted them.

9.       On 20 March 2020, Burns J (the sentencing…