Priday v R [2019] NSWCCA 272

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Priday v R [2019] NSWCCA 272 Hearing dates: 12 August 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Before: Macfarlan JA at [1]; Johnson J at [158]; Lonergan J at [159] Decision: (1) To the extent necessary, grant the appellant leave to appeal against his convictions of offences of assault occasioning actual bodily harm and aggravated sexual intercourse without consent.

(2) Dismiss the appeal against those convictions.

(3) Refuse the appellant leave to appeal against sentence. Catchwords: EVIDENCE – hearsay exceptions – criminal trial – maker of representations deceased – whether representations made in circumstances that made it unlikely that they were fabrications – s 65(2)(b) Evidence Act – representations made soon after alleged events to persons in authority, with maker exhibiting injuries consistent with representations

CRIME – appeals – whether misdirection to jury as to mental element of consent in relation to sexual assault offence resulted in any substantial miscarriage of justice – misdirection in written and oral directions – whether erroneous direction could have affected jury's verdict – no substantial miscarriage of justice – Kalbasi v Western Australia (2018) 264 CLR 62 considered

CRIME – appeals – whether trial miscarried because of irregularities in the Crown's address to the jury

CRIME – appeals – whether trial miscarried because of incompetence of accused's trial counsel – appeal ground rejected