Rajendran v R [2014] NSWCCA 113

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rajendran v R [2014] NSWCCA 113 Hearing dates: 10 June 2014 Decision date: 24 June 2014 Before: Gleeson JA at [1] Bellew J at [2] Hamill J at [101] Decision: The appeal is dismissed. Catchwords: CRIMINAL LAW - Appeal - Practice and procedure - Offence of having sexual intercourse without consent - Where matter referred to the Court of Criminal Appeal following an application under the Crimes (Appeal and Review) Act 2001 - Where referral made on single ground of Muldrock error - Where appellant sought to raise additional grounds - Whether appellant required an extension of time and leave of the Court in order to be able to rely upon such grounds - Where unnecessary to determine that question in light of error found in respect of the ground which was the subject of the referral

CRIMINAL LAW - Appeal - Muldrock error - Where sentencing judge engaged in two-stage process of sentencing - Error made out - Necessity to consider the remaining three grounds in determining whether some other sentence was warranted in law and should have been passed

CRIMINAL LAW - Appeal - Where legislation made provision for alternative bases on which jury could be satisfied of the appellant's knowledge of lack of consent on the part of the victim - Where Crown submitted on sentence that a finding should be made that the appellant knew that the victim was not consenting to sexual intercourse - Where no contrary submission was made by counsel for the appellant on sentence - Whether sentencing judge had an obligation to consider the remaining alternatives