Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Singh v R [2025] NSWCCA 34 Hearing dates: 17 February 2025 Date of orders: 12 March 2025 Decision date: 12 March 2025 Before: Garling J at [1]
Chen J at [3]
Sweeney J at [141]Decision: (1) Grant leave to the applicant to appeal against his conviction.
(2) Dismiss the appeal.
Catchwords: CRIME – Appeals – Appeal against conviction – Unreasonable verdict – Offence of aggravated indecent assault – Where complainant accepted difficulties in memory and recall of events – Whether internal discrepancies and inconsistencies present in complainant’s evidence – Whether complainant’s memories of sexual intercourse and lack of consent reliable – Whether complainant credible – Strong corroboration of complainant’s evidence – Inconsistencies immaterial to credibility and reliability – Jury’s verdict reasonable – Leave to appeal granted – Appeal dismissed
CRIME – Appeals – Appeal against conviction – Miscarriage of justice – Where complaint witness not called by Crown – Where trial judge did not give direction after brief enquiry from counsel – Where Crown opening indicated that witness would not be called – Whether Mahmood direction required – No expectation for Crown to call complaint witness – Complaint witness not essential or material – Absence of Mahmood direction to the benefit of the applicant’s submission to the jury – No requirement for Mahmood direction – No miscarriage of justice – Leave to appeal granted – Appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Procedure Act1986 (NSW)
Cases Cited: Dansie v The Queen (2022) 274 CLR 651
De Silva v The Queen (2019) 268 CLR 57
Decision Restricted [2024] NSWCCA 81
M v The Queen (1994) 181 CLR 487
Mahmood v Western Australia (2008) 232 CLR 397
The Queen v Baden-Clay (2016) 258 CLR 308
The Queen v Hillier (2007) 228 CLR 618
Category: Principal judgment Parties: Karanbir Singh (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
M Licha (Applicant)
S Lind (Respondent)
Pannu Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2022/00108543 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW), publication of the name of the complainant or any matter that could identify them is prohibited. Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
N/A
- Date of Decision:
- 09 June 2023
- Before:
- Grant DCJ
- File Number(s):
- 2022/00108543
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant, Karanbir Singh, stood trial in the District Court for one count of aggravated sexual intercourse without consent alleged to have been committed on or about 11 April 2022, contrary to s 61J(1) of the Crimes…
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- AGLC
- Singh v The King [2025] NSWCCA 34
- Case
- [2025] NSWCCA 34
- Decision Date
CaseChat Overview and Summary
The High Court considered the reliability of the complainant's evidence in light of her difficulties with memory and recall. The court concluded that despite internal discrepancies and inconsistencies in her testimony, the jury's conclusion that the appellant was guilty was reasonable, given the strong corroboration of the complainant's account. The court held that the inconsistencies were not so significant as to undermine the credibility and reliability of the complainant's memories of sexual intercourse and lack of consent. Therefore, the jury's verdict was not unreasonable.
Furthermore, the court examined whether there was a miscarriage of justice due to the Crown's decision not to call the complainant as a witness and the trial judge's failure to provide a Mahmood direction. The court found that there was no expectation for the Crown to call the complaint witness, as her testimony was not essential or material to the case. The absence of a Mahmood direction did not prejudice the appellant, as it actually benefited his submission to the jury. The court held that there was no miscarriage of justice and dismissed the appeal.
The High Court granted leave to appeal but dismissed the appeal against the conviction, upholding the original verdict. The court found that the jury's verdict was reasonable, and the absence of a Mahmood direction did not result in a miscarriage of justice. The appellant's arguments regarding the inconsistencies in the complainant's testimony and the Crown's decision not to call her as a witness were not sufficient to overturn the conviction.
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
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Ratio Decidendi
Legal Principle Established
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