McMahon v R [2022] NSWCCA 64

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McMahon v R [2022] NSWCCA 64 Hearing dates: 28 February 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Before: Harrison J at [1] Wright J at [68] Fagan J at [69] Decision: (1) Grant leave to appeal against conviction. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – appeal against conviction – sexual intercourse without consent – whether verdict of the jury was unreasonable – whether verdicts of the jury were inconsistent – whether rational explanation for differing verdicts Legislation Cited: Crimes Act 1900 (NSW), s 61I Criminal Procedure Act 1986 (NSW), s 306I Cases Cited: Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56 Long (a pseudonym) v R [2021] NSWCCA 212 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Category: Principal judgment Parties: Patrick McMahon (Applicant) Regina (Respondent) Representation: Counsel: I Todd (Applicant) B Hatfield (Respondent)

Solicitors: Tully & Chiper Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2019/157232 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW at Sydney Jurisdiction: Criminal Date of Decision: 26 February 2021 Before: King SC DCJ File Number(s): 2019/157232