Success in the Court of Criminal Appeal

On 19 December 2024, the Court of Criminal Appeal delivered their judgment in the matter of SJB v R, where the Appeal was allowed,  guilty verdicts being quashed and acquittals being entered. Mr Benjamin Brown acted in the District Court Trial and Ms Sharon Ramsden acted in the Appeal, instructing the Public Defenders.

SJB was found guilty of 5 of 15 counts of sexual intercourse with child 10 years or older and under 14 years, pursuant to section 66C(2) of the Crimes Act 1900 by a jury on 30 November 2023 following Trial. Following Sentence, an Appeal was lodged with the Court of Criminal Appeal, on the following grounds:

1. The verdicts of the jury were unreasonable, or cannot be supported, having regard to the evidence; and

2. The guilty verdicts are factually inconsistent with the not guilty verdicts such that they cannot stand.

In summary, the Appellant noted that the credibility of the complainant was greatly diminished by independent records, with the complainant demonstrating a history to make “histrionic or fantastical, or exhibit a vindictiveness on the part of the complainant” and that, for the independent counts returning a verdict of guilty, there was inconsistency with the chronology, independent evidence that contradicted allegations and that due to the findings of not guilty on the 10 counts, there was not a logical basis for distinguishing between the counts that were acquitted and the ones that returned a verdict of guilty.

Justices Ward, McHugh JA and Rothman J found that both grounds were established, with Justice Ward delivering the majority judgment. Whilst Ground 1 above was established, Justice Ward considered and delivered judgment with respect to Ground 2, noting the Crown agued that Ground 2 must be resolved before Ground 1. However, Her Honour noted that “nothing turns on the difference in approach. The same outcome is reached on the respective grounds whichever is considered first,” being that the Convictions are quashed and acquittals being entered to the 5 counts.

The decision is available to read in full at https://www.caselaw.nsw.gov.au/decision/193d2cf3f38595a52078e963