MR v R [2024] NSWCCA 119

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MR v R [2024] NSWCCA 119 Hearing dates: 24 June 2024 Date of orders: 10 July 2024 Decision date: 10 July 2024 Before: Harrison CJ at CL at [1] Garling J at [52] McNaughton J at [53] Decision: (1) Grant leave to appeal. (2) Dismiss the appeals. Catchwords: CRIME – appeals – appeal against conviction – applicant convicted of assault occasioning actual bodily harm against stepson – acquitted of common assault – whether verdict unreasonable having regard to the evidence CRIME – appeals – appeal against conviction – aggravated sexual intercourse without consent against twelve-year-old stepdaughter – evidence of particular long-standing sexual arrangement between applicant and wife – evidence that applicant knew his wife was not home at the time of offending – whether sufficient evidence to establish an honest subjective belief – whether any such belief could be reasonably held – whether failure to leave the defence of honest and reasonable mistake of fact caused a miscarriage of justice Legislation Cited: Crimes Act 1900 (NSW) ss 59, 61, 61J, 61M Criminal Appeal Act 1912 (NSW), s 6(1) Cases Cited: Bazouni v R [2021] NSWCCA 256 CTM v The Queen (2008) 236 CLR 440; [2008] HCA 25 Elwood v R [2016] NSWCCA 18 Ibrahim v R [2014] NSWCCA 160 Kalabasi v Western Australia (2018) 264 CLR 62; [2018] HCA 7 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 WO v DPP [2009] NSWCCA 275 Category: Principal judgment Parties: MR (Applicant) Crown (Respondent) Representation: Counsel: D Carroll (Applicant) S Traynor (Respondent)