Jeffreys v R [2015] NSWCCA 132

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jeffreys v R [2015] NSWCCA 132 Hearing dates: 18 February 2015 Date of orders: 04 June 2015 Decision date: 04 June 2015 Before: Hoeben CJ at CL at [1] R A Hulme J at [2] Davies J at [12] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. 3. Direct that the Appellant be returned to custody to serve the balance of his non-parole period of 9 months and 24 days commencing 4 June 2015 and expiring 27 March 2016 with an additional term expiring on 27 March 2018. Catchwords: CRIMINAL LAW – sexual intercourse without consent – complainant was adult niece of appellant – complainant unable to remember sexual intercourse by reason of alcohol consumption – whether consent given – whether appellant reckless as to consent – whether appellant reasonably believed consent given – summing-up – whether fair and balanced – whether verdict unreasonable Cases Cited: Bin Radimin v R; Bin Zakhria v R [2013] NSWCCA 220; (2013) 235 A Crim R 244 Doyle v R; R v Doyle [2014] NSWCCA 4 R v Sukkar [2005] NSWCCA 54 R v Meher [2004] NSWCCA 355 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Michael Jeffreys (Appellant) Crown Representation: Counsel: B Walker SC & A Edwards (Appellant) K McKay (Crown)

Solicitors: Bosscher Lawyers (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/43076 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 28 March 2014 Before: Wells DCJ File Number(s): 2012/43076