DI v R [2023] NSWCCA 293

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DI v R [2023] NSWCCA 293 Hearing dates: 25 October 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Before: Ward P at [1] Fagan J at [2] Sweeney J at [3] Decision: 1. Leave to appeal granted 2. The appeal is allowed 3. The findings of the trial judge on 19 February 2021 that on the limited evidence available the applicant committed the offences the subjects of counts 1, 4 and 7 are quashed 4. In lieu thereof, enter a verdict of acquittal in respect of counts 1, 2, 4, 5, 7 and 8. Catchwords: CRIME — Appeals — Appeal against finding that offences committed after special hearing — Unreasonable verdicts Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: M v The Queen (1994) 181 CLR 487; [1994] HCA 63 SC v R [2023] NSWCCA 60 Slattery v R [2023] NSWCCA 117 Texts Cited: Nil Category: Principal judgment Parties: DI (Applicant) Rex (Respondent) Representation: Counsel: G Bashir SC with D McMahon G Wright SC

Solicitors: Murphy's Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/188331 Publication restriction: Publication of the identity of the complainant or any matter likely to lead to her identification prohibited pursuant to s 578A Crimes Act 1900 (NSW).