Budrodeen v R [2014] NSWCCA 332

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Budrodeen v R [2014] NSWCCA 332 Hearing dates: 1 October 2014 Decision date: 01 October 2014 Before: Hoeben CJ at CL at [1]; Rothman J at [2]; R A Hulme J at [13] Decision: Orders made 1 October 2014: 1. Leave to appeal against conviction granted and appeal allowed. 2. Convictions quashed. 3. Remit the matter to the District Court for further trial. Catchwords: CRIMINAL LAW - appeal against conviction - sexual offences against 15 year-old complainant - fundamental error in jury directions relating to consent and honest and reasonable mistake of fact - care needed when jury directed in the form of a question trail Legislation Cited: Crimes Act 1900 (NSW) Crimes Amendment (Sexual Offences) Act 2003 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules Cases Cited: CTM v The Queen [2008] HCA 25; 236 CLR 440 He Kaw Teh v R [1985] HCA 43; (1985) 157 CLR 523 Proudman v Dayman [1941] HCA 28; 67 CLR 536 R v Reynhoudt [1962] HCA 23; (1962) 107 CLR 381 Category: Principal judgment Parties: Adam Budrodeen (Applicant) Regina (Respondent) Representation: Counsel: Applicant (self-represented) Mr N Adams (Crown) Solicitors: Solicitor for Public Prosecutions File Number(s): 2011/339339 Decision under appeal Date of Decision: 2013-08-23 00:00:00 Before: Hock DCJ File Number(s): 2011/339339