Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Stevenson v R; Waters v R [2020] NSWCCA 58 Hearing dates: 25 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Before: Harrison J at [1]
Hamill J at [2]
Wilson J at [30]Decision: Kurt Stevenson:
Andrew Waters:
(1) Extend time for the filing of the notice of appeal.
(2) Grant leave to appeal in relation to ground 4.
(3) Allow the appeal.
(4) Set aside the convictions on counts 3A, 4A and 6A.
(5) Remit the proceedings to the District Court for re-trial at the discretion of the Director of Public Prosecutions.
(6) Affirm the convictions on counts 1A, 2A and 5A.
(7) Quash the aggregate sentence imposed by Judge Norton SC and remit the proceedings to the District Court for re-sentence on counts 1A, 2A and 5A.
(8) Bail is refused.
(9) The case is listed for mention before the District Court in Sydney on 1 May 2020.
(1) Extend time for the filing of the notice of appeal.
(2) Grant leave to appeal in relation to ground 4.
(3) Allow the appeal.
(4) Set aside the convictions on counts 2A, 3A, 4A and 5A.
(5) Remit the proceedings to the District Court for re-trial at the discretion of the Director of Public Prosecutions.
(6) Affirm the convictions on count 6A.
(7) Quash the aggregate sentence imposed by Judge Norton SC and remit the proceedings to the District Court for re-sentence on count 6A.
(8) Bail is refused.
(9) The case is listed for mention before the District Court in Sydney on 1 May 2020.Catchwords: CRIMINAL LAW – sexual offences alleged against multiple accused – confusion as to basis of liability – principal in the second degree – joint criminal enterprise – where earlier decision of the Court quashed a co-accused’s conviction – no challenge to earlier decision – concession by Director of Public Prosecutions – multiple offences – appeal upheld in relation to convictions on some counts – convictions on other counts confirmed – aggregate sentence quashed – matter remitted to District Court for re-sentencing
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)Cases Cited: Carlyle-Watson v R [2019] NSWCCA 226 (restricted)
Category: Principal judgment Parties: Andrew Waters (Applicant)
Kurt Stevenson (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
S Kluss (Waters)
S Fraser (Stevenson)
C Curtis (Regina)
Ross Hill & Associates Solicitors (Waters)
McGirr Lawyers (Stevenson)
Director of Public Prosecutions (Regina)
File Number(s): 2015/300972; 2015/301034 Publication restriction: Non-publication orders over identification of the complainant pursuant to s 578A of the Crimes Act 1900 (NSW) and name of ML pursuant to s 15A Children (Criminal Proceedings) Act 1987. Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 19 January 2018
- Before:
- Norton SC DCJ
- File Number(s):
- 2015/300972; 2015/301034
Judgment
-
HARRISON J: I agree with Hamill J.
-
HAMILL J: Kurt Stevenson and Andrew Waters seek leave to appeal against their…
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- Case
- [2020] NSWCCA 58
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the appellants' convictions under various counts of sexual offences, including whether the convictions were properly based on the evidence presented, and whether the sentences imposed were appropriate. One significant issue was whether the convictions could stand following the quashing of a co-accused's conviction in an earlier decision by the Court. Additionally, the court examined whether the Director of Public Prosecutions had conceded to the quashing of some convictions.
The court found that while some convictions were properly upheld, others were not supported by the evidence. Consequently, the convictions on certain counts were quashed, and the appeal was upheld in relation to those counts. However, the court confirmed the convictions on other counts. The aggregate sentence imposed by the trial court was quashed, and the matter was remitted to the District Court for re-sentencing. The court's decision underscored the importance of ensuring that convictions are based on sufficient evidence and that sentences are proportionate to the offences committed.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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