Macri v The the Queen

Case [2022] NSWCCA 177


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Macri v R [2022] NSWCCA 177
Hearing dates: 11 March 2022
Date of orders: 22 August 2022
Decision date: 22 August 2022
Before: Beech-Jones CJ at CL at [1];
N Adams J at [15];
Lonergan J at [204].
Decision:

(1) Leave to appeal granted.

(2) Appeal dismissed.

Catchwords:

CRIME – appeals – appeal against conviction – historical child sexual offences – application for permanent stay refused – where indictment spanned five years – lack of particularity, delay, forensic disadvantage – standard of appellate review where stay refused and trial proceeds to conviction – House error and miscarriage under s 6(1) of Criminal Appeal Act – neither shown by applicant in this case

CRIME – appeals – appeal against conviction – unreasonable verdict – complainant’s testimony said to lack adequate particularity – complaint evidence – pretext calls – verdicts not unreasonable – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW)

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

Evidence Act1995 (NSW), s 165B

Cases Cited:

Adler v District Court of NSW (1990) 19 NSWLR 317

Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41

Bandao v R; Bruce v R [2018] NSWCCA 181

Barton v The Queen (1980) 147 CLR 75; [1980] HCA 48

Cabot (a pseudonym) v R [2018] NSWCCA 265

Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20

Hogan (a pseudonym) v R [2019] NSWCCA 125

House v The King (1936) 55 CLR 499; [1936] HCA 40

Hughes v R [2015] NSWCCA 330

Jackmain (a pseudonym) v Regina [2002] NSWCCA 150

Jago v The District Court of NSW (1989) 168 CLR 23 [1989] HCA 46

JG v R [2014] NSWCCA 138

Kassab (a pseudonym) v R [2021] NSWCCA 46

KeesLangelaar v R [2016] NSWCCA 143

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

Medich v R [2015] NSWCCA 281

Moti v The Queen (2011) 245 CLR 456; [2011] HCA 50

Palmer v The Queen (1998) 193 CLR 1; [1988] HCA 2

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

R v RD [2016] NSWCCA 84

R v Rogers (Court of Appeal (Qld), 6 May 1998, unrep)

R v S [2000] 1 Qd R 445; (1998) 102 A Crim R 418

R v Smith [No 1] [2011] NSWSC 725

Regina v Littler [2001] NSWCCA 173

Regina v Moore (2015) 91 NSWLR 276; [2015] NSWCCA 316

S v The Queen (1989) 168 CLR 266; [1989] HCA 66

SB v R [2020] NSWCCA 207

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

Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325; [2018] HCA 53

The Queen vEdwards (2009) 83 ALJR 717; [2009] HCA 20

The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16

Tuckiar v The King (1934) 52 CLR 335; [1934] HCA…

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AGLC
Macri v The the Queen [2022] NSWCCA 177
Case
[2022] NSWCCA 177
Decision Date

CaseChat Overview and Summary

Macri sought to appeal against his conviction for historical child sexual offences, arguing that the application for a permanent stay of proceedings should not have been refused. The appeal was based on several grounds, including the indictment spanning five years, the lack of particularity, delay, and the forensic disadvantage. The court examined whether the trial judge had erred in refusing the application for a permanent stay of proceedings and whether the refusal led to a miscarriage of justice under section 6(1) of the Criminal Appeal Act. The court also reviewed whether the verdicts were unreasonable given the particularity of the complainant’s testimony.

The court found that the trial judge had not erred in refusing the application for a permanent stay of proceedings. The reasons provided by the trial judge were adequate, and there was no basis to conclude that a miscarriage of justice had occurred. Furthermore, the court held that the verdicts were not unreasonable, as the complainant's testimony, though not detailed, was sufficiently particular to support the jury's findings. The court dismissed the appeal, affirming that the trial process was conducted correctly and that the evidence was sufficient to uphold the convictions.

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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