WS v R [2022] NSWCCA 77

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WS v R [2022] NSWCCA 77 Hearing dates: 14 March 2022 Date of orders: 11 April 2022 Decision date: 11 April 2022 Before: Macfarlan JA at [1]; Walton J at [96]; Rothman J at [97] Decision: (1) Grant leave to the applicant to appeal against his convictions. (2) Allow the appeal. (3) Quash the applicant's convictions. (4) Enter verdicts of acquittal on the charges upon which the applicant was convicted. Catchwords: CRIME — appeals — appeal against conviction — unreasonable verdict CRIME — appeals — appeal against conviction — miscarriage of justice — whether a miscarriage of justice resulted from the failure of trial counsel for the applicant to seek to have admitted pursuant to s 293(4)(c) Criminal Procedure Act 1986 (NSW) evidence that the complainant had sexual experience or had taken part in sexual activity EVIDENCE — discretions — exclusion of evidence — criminal proceedings — whether the trial judge erred in declining to exclude evidence of a pregnancy test under s 137 of the Evidence Act 1995 (NSW) Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6(1) Criminal Procedure Act 1986 (NSW), ss 130A(1), 289F(1), 293, 294 Evidence Act 1995 (NSW), ss 38(1)(a), 55, 56, 137, 165B, 192, Dictionary Cases Cited: Hanna v The Queen [2017] NSWCCA 168 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jarrett v R (2014) 86 NSWLR 623; [2014] NSWCCA 140 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MS v R [2022] NSWCCA 13 Nudd v The Queen [2006] HCA 9; 162 A Crim R 301 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 RD (a pseudonym) v R [2021] NSWCCA 94 Restricted Judgment [2021] NSWCCA 113 Xie v The Queen [2021] NSWCCA 1; (2021) 386 ALR 371 Category: Principal judgment Parties: WS (Applicant) Regina (Respondent) Representation: Counsel: S Odgers (Applicant) M Millward (Respondent)