R v GAT [2024] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v GAT [2024] NSWCCA 32 Hearing dates: 27 November 2023 Decision date: 08 March 2024 Before: Davies J at [1]; Button J at [2] Weinstein J at [121] Decision: (1) Appeal upheld. (2) Verdicts of acquittal on all counts quashed. (3) New trial ordered on all counts. (4) The matter is listed before the Criminal List Judge of the District Court on 22 March 2024 at 9:30 AM. Catchwords: CRIME – appeals – Crown appeal against directed verdicts of acquittal pursuant to s 107 of the Crimes (Appeal and Review) Act 2001 (NSW) – 40 counts of aggravated sexual offences – where respondent was employed as a gynaecologist and obstetrician – 19 complainants – respondent's case at trial that the physical acts had either been performed for a proper medical purpose, or had not occurred at all – verdict of not guilty directed – trial judge found Crown had not adduced any evidence the complaints were not consenting, or that the respondent had possessed the requisite mental element to be charged with any sexual offence – appeal involved four proposed questions of law alone – evidence of complainants' lack of consent readily inferred –evidence that the respondent at least foresaw the possibility that each complainant was not consenting available – directed verdicts erroneous – appeal allowed – verdicts of not guilty quashed CRIME – appeals – Crown appeal against acquittals – new trial – whether new trial appropriate – where new trial would be the third – where respondent submits new trial would be unduly oppressive – not in the interests of justice to allow acquittals to stand – new trials ordered Legislation Cited: Crimes Act 1900 (NSW) 61H, 61I, 61L, 61R Crimes (Appeal and Review) Act 2001 (NSW) s 107, 111 Cases Cited: Browne v Dunn (1893) 6 R 67 Davern v Messel (1984) 155 CLR 21; [1984] HCA 34 Doney v The Queen (1990) 171 CLR 207; [1990] HCA 51 DPP (NSW) v Taylor [2020] NSWCCA 138 Harkin v R (1989) 38 A Crim R 296 Hofer v The Queen (2021) 271 CLR 351; [2021] HCA 36 Papadimitropoulos v The Queen (1957) 98 CLR 249; [1957] HCA 74 R v BK [2022] NSWCCA 51 R v Case (1850) 169 ER 381 R v Costi (1987) 48 SASR 269 R v Court [1989] AC 28; [1988] 2 All ER 221 R v DB [2022] NSWCCA 87 R v Dee [1884] 14 LR lr 468 R v Hemsley (1988) 36 A Crim R 334 R v Henning (Court of Criminal Appeal, 11 May 1990, unreported) R v JMR (1991) 57 A Crim R 39 R v Kitchener (1993) 29 NSWLR 696 R v PL (2009) 199 A Crim R 199; [2009] NSWCCA 256 R v Toohey [2019] NSWCCA 182 R v Williams [1923] 1 KB 340; [1922] All ER Rep 433 Regina v JS [2007] NSWCCA 272 Regina v Tabassum [2002] 2 Cr App Rep 328 Regina v XHR [2012] NSWCCA 247 Toohey v R [2020] NSWCCA 166 Trevor Essex v R [2013] NSWCCA 11 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Category: Principal judgment Parties: Director of Public Prosecutions (Applicant) GAT (Respondent) Representation: Counsel: G Wright SC (Applicant) P Strickland SC with G Huxley (Respondent)