Radburn (a pseudonym) v The King

Case [2025] NSWCCA 125


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Radburn (a pseudonym) v R [2025] NSWCCA 125
Hearing dates: 2 July 2025; further submissions 6 and 11 August 2025
Decision date: 18 August 2025
Before: Leeming JA at [1];
Free JA at [138];
N Adams J at [139].
Decision:

1. Refuse leave to appeal on proposed grounds 1, 2 and 3.

2. Grant leave to appeal on grounds 4 and 5.

3. Dismiss the appeal against conviction and sentence.

Catchwords:

CRIME — appeal against conviction — jury returned guilty verdict of sexual intercourse with child under the age of 10 contrary to Crimes Act 1900 (NSW), s 66A — whether verdict unreasonable — whether trial judge erred in not giving “full” character direction — whether failure to seek full character direction a deliberate forensic decision reflecting agreement that if applicant’s character evidence limited to absence of criminal convictions, no character evidence in reply would be presented — whether other errors in directions to jury — appeal dismissed

CRIME — appeal against sentence — whether sentence manifestly excessive — appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW) ss 66A, 66DA, 578A

Criminal Appeal Act 1912 (NSW) s 5

Supreme Court (Criminal Appeal) Rules 2021 (NSW) r 4.15

Cases Cited:

Aravena v R [2015] NSWCCA 288

Barwick v R [2023] NSWCCA 139

BQ v The King [2024] HCA 29

Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25

FX v R; GX v R [2020] NSWCCA 189; 290 A Crim R 31

Germakian v R (2007) 70 NSWLR 467; [2007] NSWCCA 373

Greenhalgh v R [2017] NSWCCA 94

Guo v The Queen [2020] NSWCCA 40

JV v R [2017] NSWCCA 49

Kanbut v R [2022] NSWCCA 259

Lang v The Queen (2023) 278 CLR 323; [2023] HCA 29

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

Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37

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

R v Button; R v Griffen (2002) 54 NSWLR 455; [2002] NSWCCA 159

R v Jovanovic (1997) 42 NSWLR 520

R v Markuleski [2001] NSWCCA 290

R v RJC (Court of Criminal Appeal (NSW), 18 August 1998, unrep)

R v ZT [2025] HCA 9; 99 ALJR 676

Sanchez v R [2009] NSWCCA 171; 196 A Crim R 472

Simic v The Queen (1980) 144 CLR 319; [1980] HCA 25

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

Category:Principal judgment
Parties: Radburn (a pseudonym) (Applicant)
The King (Respondent)
Representation:

Counsel:
J Stratton SC (Applicant)
C Curtis (Respondent)

Solicitors:
Bell Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2022/00220683
Publication restriction: Section 578A of the Crimes Act 1900 (NSW) forbids the publication of any matter which identifies the complainant
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
23 October 2023; 4 April…

Continue reading Radburn (a pseudonym) v The King

Sign in free to access the full text

Details
AGLC
Radburn (a pseudonym) v The King [2025] NSWCCA 125
Case
[2025] NSWCCA 125
Decision Date

CaseChat Overview and Summary

In the case of Radburn v The King, the appellant, Radburn, challenged both his conviction and sentence following a guilty verdict for sexual intercourse with a child under the age of 10. The conviction and subsequent sentence were imposed by a jury in the Supreme Court of New South Wales. Radburn sought to overturn his conviction on the grounds that the jury's verdict was unreasonable and that the trial judge had failed to provide a "full" character direction to the jury. He also contended that the trial judge's failure to seek a full character direction was a deliberate decision, reflecting an agreement that if Radburn's character evidence was limited to his absence of criminal convictions, no character evidence in reply would be presented. Furthermore, Radburn argued that there were other errors in the directions given to the jury. In relation to the sentence, Radburn claimed it was manifestly excessive.

The court considered whether the jury's verdict was unreasonable, examining the evidence presented and the trial judge's directions to the jury. The court also evaluated the argument that the trial judge's failure to seek a full character direction was a deliberate choice, and whether this constituted a significant error. Additionally, the court scrutinised whether there were any other errors in the jury directions that warranted overturning the conviction. Regarding the sentence, the court assessed whether it was manifestly excessive, taking into account the severity of the crime and the principles of sentencing.

The court found that the jury's verdict was not unreasonable, given the evidence presented. It determined that the trial judge's failure to seek a full character direction was not a deliberate decision and did not constitute a significant error. The court also concluded that there were no other errors in the jury directions that would necessitate overturning the conviction. Regarding the sentence, the court held that it was not manifestly excessive, considering the nature of the offence and the principles of sentencing.

As a result of these findings, the appeal against both the conviction and the sentence was dismissed. The conviction and sentence imposed by the jury in the Supreme Court of New South Wales were upheld.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.