Haines v R [2018] NSWCCA 11

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haines v R [2018] NSWCCA 11 Hearing dates: 17 November 2017 Date of orders: 17 November 2017 Decision date: 16 February 2018 Before: Bathurst CJ; R A Hulme J; Wilson J Decision: 1. Grant the applicant leave to appeal. 2. Appeal against conviction allowed. 3. Conviction quashed. 4. Verdict of acquittal entered. 5. The appellant to be released forthwith. Catchwords: CRIMINAL LAW – appeal – conviction – whether trial judge erred in failing to give reasons for refusing application to exclude evidence of complainant – whether trial judge erred in failure to exclude evidence of complainant – whether verdict unreasonable or unsupported by evidence Legislation Cited: Crimes Act 1900 (NSW) s 35(2) Criminal Appeal Act 1912 ss 5(1)(b), 6(1) Cases Cited: Bell v R [2017] NSWCCA 207 Dickson v R [2017] NSWCCA 78 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 2 House v The King (1936) 55 CLR 499; [1936] HCA 40 Category: Principal judgment Parties: Raylene Haines (Appellant) Crown (Respondent) Representation: Counsel: T Edwards (Appellant) N Adams (Respondent)

Solicitors: O'Brien Criminal and Civil Solicitors (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/322267 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 22 February 2017 Before: Williams SC DCJ File Number(s): 2014/322267