AM v R [2011] NSWCCA 237

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AM v R [2011] NSWCCA 237 Hearing dates: 10 October 2011 Decision date: 03 November 2011 Jurisdiction: Common Law - Criminal Before: McClellan CJ at CL at 1 Latham J at 2 Harrison J at 3 Decision: Appeal dismissed Catchwords: CRIMINAL LAW - appeal against conviction - sexual assault - Crimes Act 1900 ss 61I and 61L - whether miscarriage of justice - whether trial judge erred in directing jury on question of whether appellant was reckless as to complainant's consent to sexual intercourse - whether jury verdict was unreasonable, or cannot be supported, having regard to the evidence - Criminal Appeal Act 1912 s 6(1) - appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Banditt v The Queen [2005] HCA 80; (2005) 224 CLR 262 Kurdi v R [2011] NSWCCA 179 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 R v Henning (NSWCCA 11 May 1990, unreported) R v Kitchener (1993) 29 NSWLR 696 SKA v The Queen (2011) HCA 13 Category: Principal judgment Parties: AM (Appellant) Crown (Respondent) Representation: S Stanton (Appellant) J Girdham (Respondent) Cater and Blumer Solicitors S Kavanagh (Solicitor for Public Prosecutions) File Number(s): 2008/12780 Publication restriction: Appellant to be referred to by pseudonym Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-07-27 00:00:00 Before: Sweeney DCJ File Number(s): 2008/12780