R v Lazarus [2017] NSWCCA 279

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Lazarus [2017] NSWCCA 279 Hearing dates: 1 September 2017 Date of orders: 27 November 2017 Decision date: 27 November 2017 Before: Hoeben CJ at CL at [1] Davies J at [4] Bellew J at [5] Decision: (1) The Crown appeal is dismissed.

(2) Upon publication of these reasons, the order made on 1 September 2017 pursuant to s. 111(2) of the Crimes (Appeal and Review) Act 2001 (NSW) prohibiting the publication of anything which might identify the respondent, will cease to have effect pursuant to s. 111(5) of that Act. Catchwords: PRACTICE AND PROCEDURE – Judges – Revision and amendment of reasons delivered orally – Where reasons were revised by the trial judge and provided to the parties – Where one party drew the trial judge's attention to what was said to be a further typographical error in the revised reasons – Where trial judge further revised those reasons by inserting an additional word – Where the word which was inserted was not said by the trial judge when the reasons were delivered orally – Whether the further revision was permissible – Necessity to consider the entirety of the reasons given

CRIMINAL LAW – Offences – Appeal – Where respondent was charged with having sexual intercourse without consent – Where respondent was tried before a judge alone sitting without a jury – Where relevant statutory provisions required the trial judge to have regard, when considering the respondent's knowledge about consent, to steps taken by the respondent to ascertain whether the complainant consented – Where trial judge made no reference to the relevant statutory provision in her reasons – Whether such matters were considered – Whether the trial judge failed to apply the relevant principles and expose her reasoning process