Grant v R [2024] NSWCCA 78

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grant v R [2024] NSWCCA 78 Hearing dates: 24 April 2024 Date of orders: 24 May 2024 Decision date: 24 May 2024 Before: Davies J at [1]; N Adams J at [2]; McNaughton J at [3] Decision: (1) Ground 1 be upheld. (2) The appeal be allowed. (3) The appellant's conviction for the offence contrary to s 66EA Crimes Act 1900 (NSW) be quashed. (4) In lieu thereof, an order of acquittal is entered. Catchwords: CRIME – appeal pursuant to s 5(1) of the Criminal Appeal Act 1912 (NSW) – historical sexual acts – where female teacher maintained a sexual relationship with a child – where appellant pleaded guilty in the District Court – whether the conviction was a miscarriage of justice – whether appellant was convicted of a charge founded upon charges for which the appellant could not lawfully be convicted Legislation Cited: Crimes Act 1900 (NSW), ss 66EA, 81 Criminal Appeal Act 1912 (NSW), ss 5, 6 Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: Grant v R [2024] NSWCCA 30 JAD v R [2012] NSWCCA 73 Lam v R [2024] NSWCCA 6 Livbuild Pty Ltd v Willoughby City Council [2017] NSWCCA 255 Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41 R v Grant [2022] NSWDC 718 R v Liberti (1991) 55 A Crim R 120 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 6 June 2018 Category: Principal judgment Parties: Gaye Grant (Appellant) Rex (Respondent) Representation: Counsel: S Boland (Appellant) G Newton SC (Respondent)