Beattie v R [2020] NSWCCA 334

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beattie v R [2020] NSWCCA 334 Hearing dates: 26 November 2020 Date of orders: 26 November 2020 Decision date: 14 December 2020 Before: Johnson J at [1]; R A Hulme J at [101] Wilson J at [102] Decision: 1. Grant leave to the Applicant under Rule 4 Criminal Appeal Rules to rely upon Ground 2. 2. Allow the appeal against conviction at the Sydney District Court on 6 March 2020 for an offence under s.61I Crimes Act 1900. 3. Quash the conviction and order that there be a retrial. Catchwords: APPEAL – appeal against conviction – offences of having sexual intercourse without consent knowing that the complainant was not consenting – whether jury misdirected on effect of substantial intoxication concerning complainant's capacity to consent – whether jury misdirected concerning consent where issue raised whether complainant had mistaken belief as to identity of the person engaging in sexual intercourse with her - consideration of s.61HA Crimes Act 1900 - comparison with successor provision in s.61HE – Crown concession of error – error established – conviction quashed – retrial ordered Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 Jury Act 1977 Cases Cited: Black v The Queen (1993) 179 CLR 44; [1993] HCA 71 Bochkov v R [2009] NSWCCA 166 Gillard v The Queen (2014) 88 ALJR 606; [2014] HCA 16 Tabbah v R [2017] NSWCCA 55 Tonari v R (2013) 237 A Crim R 490; [2013] NSWCCA 232 Texts Cited: --- Category: Principal judgment Parties: Joshua Henry Beattie (Applicant) Regina (Respondent) Representation: Counsel: Mr M Smith (Applicant) Mr B Hatfield (Respondent)