Lazarus v R [2016] NSWCCA 52

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lazarus v R [2016] NSWCCA 52 Hearing dates: 19 February 2016 Decision date: 12 April 2016 Before: Hoeben CJ at CL at [1] Adams J at [5] Fullerton J at [18] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Conviction quashed. 4. Order a new trial. Catchwords: CRIMINAL LAW – appeal against conviction – sexual intercourse without consent – whether verdict of the jury was unreasonable – adequacy of trial judge's directions as to the legal test in s 61HA(3)(c) of the Crimes Act Legislation Cited: Crimes Act 1900 (NSW), ss 61HA(3), 61I Criminal Appeal Act 1912 (NSW), s 6(1) Cases Cited: Gilham v R [2012] NSWCCA 131; 224 A Crim R 22 Kurdi v R [2011] NSWCCA 179 M v R [1994] HCA 63; 181 CLR 487 O'Sullivan v R; Flanders v R; Tohu v R & NRH v R [2012] NSWCCA 45 SKA v R [2011] HCA 13; 243 CLR 400 Viro v R [1978] HCA 9; 141 CLR 88 Category: Principal judgment Parties: Luke Andrew Lazarus (Appellant) The Crown (Respondent) Representation: Counsel: T Game SC / D Barrow (Appellant) N Adams (Crown)

Solicitors: Back Schwartz Vaughan Lawyers (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2013/242040 Publication restriction: Statutory non-publication order re identity of complainant Decision under appeal Court or tribunal: District Court Date of Decision: 9 February 2015 Before: Huggett DCJ File Number(s): 2013/242040