Inia v R [2020] NSWCCA 205

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Inia v R [2020] NSWCCA 205 Hearing dates: 09 July 2020 Date of orders: 19 August 2020 Decision date: 19 August 2020 Before: Fullerton J at [1]; Wilson J at [87]; Ierace J at [89] Decision: 1. Leave to appeal against conviction is granted. 2. The appeal against conviction is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – one count of sexual intercourse without consent – whether the verdict of the jury was unreasonable and not be supported by the evidence – whether fresh evidence would have changed outcome of trial Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Hamilton v R [2020] NSWCCA 80 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Pell v The Queen (2020) 94 ALJR 394; [2020] HCA 12 R v Abou-Chabake (2004) 149 A Crim R 417; [2004] NSWCCA 356 R v Fantakis [2018] NSWSC 749 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Tuifua Inia (Applicant) The Crown (Respondent) Representation: Counsel: A Moutasallem (Applicant) C Curtis (Crown)

Solicitors: Pinnacle Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2018/95465 Publication restriction: Previously restricted. Decision under appeal Court or tribunal: District Court Date of Decision: 11 September 2019 Before: Townsden DCJ File Number(s): 2018/95465