MJ v R [2012] NSWCCA 146 (4 July 2012)


CRIMINAL LAW – Conviction Appeal – extension of time granted – sexual offence – “corroboration” – relevantly immediate complaint to mother – accused gave evidence at trial – ground of appeal on basis of unreasonable verdict – no reasonable doubt – mere fact that jury verdict depended on choice as to whether to believe complainant beyond reasonable doubt is not, without independent evidence or some other factor affecting assessment, does not necessarily give rise to reasonable doubt.

51. The terms of s 165A of the Evidence Act 1995 prohibit a warning to a jury based on the unreliability of children’s evidence as a class. In any event, an examination of the recording of the complainant’s evidence does not suggest that the evidence is, in any sense, unreliable.