R v MK [2022] NSWDC 245

District Court New South Wales

Medium Neutral Citation: R v MK [2022] NSWDC 245 Hearing dates: Tuesday 21 June 2022 Date of orders: Tuesday 21 June 2022 Decision date: 21 June 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: Section 292 consent directions not given – Good reason not demonstrated. Catchwords: CRIMINAL PROCEDURE — Trial — Directions to jury — Interlocutory application — "Consent Directions" pursuant s 292 Criminal Procedure Act 1986 (NSW) — None of the s292A-s292E directions given — No good reasons to give directions - Construction of s 292D Legislation Cited: Crimes Act 1900 (NSW) ss 61I, 61J Criminal Procedure Act 1986 (NSW) ss 292, 292(2) 292A, 292B, 292C, 292D, 292E Texts Cited: Judicial Commission of New South Wales, Criminal Trial Courts Bench Book (October 2002). New South Wales Law Reform Commission, Consent in relation to sexual offences (Report No 148, September 2020). Category: Principal judgment Parties: Regina (Crown) MK (Accused) Representation: Counsel: N Keay for the Crown S Corish for the Accused

Solicitors: G Gaynor for the Crown D Rideaux for the Accused File Number(s): 2019/00174478 Publication restriction: Suppression order in respect of identity of the accused. Non-publication order in respect of identity of complainant.

JUDGMENT 1. HER HONOUR: The accused in this trial is charged with three counts of aggravated sexual assault contrary to s 61J of the Crimes Act 1900 (NSW), and one count contrary to s 61I of the Crimes Act 1900. The provisions of s 292 of the Criminal Procedure Act 1986 (NSW) apply to trials for offences of this type as from 1 June 2022 and are as follows: