Tabbah v R [2017] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tabbah v R [2017] NSWCCA 55 Hearing dates: 18 November 2016 Decision date: 29 March 2017 Before: Hoeben CJ at CL at [1] Payne JA at [2] Button J at [3] Decision: (1) Leave to appeal against conviction granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – one count of sexual intercourse without consent – whether trial miscarried by reason of prosecutor's submissions to jury about lack of consent, and knowledge thereof – whether conviction unreasonable or unable to be supported on the evidence – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 61HA, 61I Criminal Appeal Rules (NSW), r 4 Evidence Act 1995 (NSW), s 38 Cases Cited: Henning v R (New South Wales Court of Criminal Appeal, 11 May 1990, unrep) [Decision Restricted] [2016] NSWCCA 52 MG v R [2017] NSWCCA 14 R v Kitchener (1993) 29 NSWLR 696 Category: Principal judgment Parties: Nafez Rached Tabbah (Applicant) Regina (Respondent) Representation: Counsel: A Cook (Applicant) N Williams (Respondent)

Solicitors: Phillip Ryan Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/347698 Publication restriction: Non-publication of any information or material that may lead to the identification of the complainant, including pseudonym adopted for friend of complainant (Crimes Act 1900 (NSW), s 578A)