Hayne v R [2022] NSWCCA 11

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hayne v R [2022] NSWCCA 11 Hearing dates: 29 November 2021 Date of orders: 14 February 2022 Decision date: 14 February 2022 Before: Bathurst CJ at [1] Harrison J at [2] Wilson J at [110] Decision: (1) Grant leave to the appellant to appeal on grounds 1 and 3. (2) Allow the appeal on those grounds. (3) Quash the appellant's convictions and order a new trial. (4) Grant leave to appeal on ground 2 but dismiss that ground. (5) Dismiss ground 4. (6) List the proceedings for directions in the District Court at 9.30am on 18 February 2022. Catchwords: CRIMINAL LAW – appeal – appeal against conviction – sexual intercourse without consent – whether erroneous direction of trial judge as to the legal test in s 61HA(3)(c) of the Crimes Act resulted in a miscarriage of justice – whether admission of evidence in new trial proceedings under s 306I of the Criminal Procedure Act was unfairly prejudicial – adducing of evidence excluded at pre-trial under s 130A of the Criminal Procedure Act – admissibility of evidence relating to sexual experience under s 293 of the Criminal Procedure Act – whether verdict of the jury was unreasonable Legislation Cited: Crimes Act 1900 ss 61HA, 61I, 61J, 61Q Criminal Appeal Act 1912 ss 5F, 6 Criminal Procedure Act 1986 ss 130A, 293, 306I, 306J Evidence Act 1995 ss 41, 137, 142 Cases Cited: Bazouni v R [2021] NSWCCA 256 Decision Restricted [2021] NSWCCA 201 GEH v R (2012) 228 A Crim R 32; [2012] NSWCCA 150 Kalbasi v Western Australia (2018) 264 CLR 62; [2018] HCA 7 Krakouer v The Queen (1998) 194 CLR 202; [1998] HCA 43 Lazarus v R [2016] NSWCCA 52 Liberato v R (1985) 159 CLR 507; [1985] HCA 66 O'Sullivan v R (2012) 233 A Crim R 449; [2012] NSWCCA 45 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 Priday v R [2019] NSWCCA 272 R v Dirani (No 8) [2018] NSWSC 1000 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 WX v R (2020) 102 NSWLR 467; [2020] NSWCCA 142 Category: Principal judgment Parties: Jarryd Hayne (Appellant) Regina (Respondent) Representation: Counsel: T Game SC and C O'Neill (Appellant) B Hatfield and J Sfinas (Respondent)