A2 v R; Magennis v R; Vaziri v R [2018] NSWCCA 174

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: A2 v R; Magennis v R; Vaziri v R [2018] NSWCCA 174 Hearing dates: 23 – 25 October 2017 Date of orders: 10 August 2018 Decision date: 10 August 2018 Before: Hoeben CJ at CL; Ward JA; Adams J Decision: In respect of each appellant: 1. Appeal against conviction allowed. 2. Conviction quashed. 3. Verdict of acquittal entered on all counts. Catchwords: CRIME – conviction appeal – female genital mutilation – appellants A2 and Magennis convicted of offences of female genital mutilation contrary to Crimes Act s 45(1)(a) – appellant Vaziri convicted of being an accessory to those offences – appeal allowed

EVIDENCE – application for leave to adduce new evidence – new expert evidence sought to be adduced by appellants – whether necessary that new evidence is "fresh" evidence – whether new evidence relevant – leave granted to admit new evidence as evidence demonstrating a potential miscarriage of justice

CRIME – miscarriage of justice – whether miscarriage of justice on account of new evidence – new undisputed evidence of visibility of tip of clitoral head in both complainants C1 and C2 – demonstrates potential miscarriage of justice

STATUTORY INTERPRETATION – Crimes Act s 45(1)(a) – meaning of "otherwise mutilates"

STATUTORY INTERPRETATION – Crimes Act s 45(1)(a) – meaning of "clitoris"

STATUTORY INTERPRETATION – extrinsic material – whether reference to extrinsic material permissible to determine context and purpose of offence provision