Stevens v R [2013] NSWCCA 158

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stevens v R [2013] NSWCCA 158 Hearing dates: 17 June 2013 Decision date: 03 July 2013 Before: Hoeben CJ at CL at [1] McCallum J at [67] RA Hulme J at [68] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - conviction appeal - sexual intercourse without consent - suggestion that evidence of complainant contaminated by support person - decision by counsel not to cross-examine complainant on voir dire - whether decision gave rise to a material irregularity in the trial - whether miscarriage of justice occurred - proper forensic purpose for decision by counsel - instructions obtained from accused - no material irregularity - no miscarriage of justice - PRACTICE AND PROCEDURE - evidence taken on appeal - evidence of offender that no instructions given - evidence of counsel that advice given and instructions received - evidence of counsel should be accepted. Legislation Cited: Criminal Appeal Act 1912 (NSW) Cases Cited: MB v Regina [2009] NSWCCA 200 Nudd v R [2006] HCA 9; 80 ALJR 614 TKWJ v The Queen [2002] HCA 46; 212 CLR 124 Category: Principal judgment Parties: John Andrea Stevens - Applicant Regina - Respondent Crown Representation: Counsel: Mr FD Coyne - Applicant Mr R Herps - Regina - Respondent Crown Solicitors: Matthew Hammond Solicitors - Applicant S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/64211 Decision under appeal Date of Decision: 2011-07-14 00:00:00 Before: Berman DCJ File Number(s): 2010/64211