Masri v R [2020] NSWCCA 24

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Masri v R [2020] NSWCCA 24 Hearing dates: 17 February 2020 Date of orders: 28 February 2020 Decision date: 28 February 2020 Before: Johnson J at [1] Price J at [2] Davies J at [3] Decision: Leave to appeal against conviction refused. Catchwords: CRIME - appeals - appeal against conviction – sexual offences – whether complainant consented – where trial judge did not give good character direction – where no direction sought – whether failure to seek direction was inadvertent or a tactical forensic decision – whether miscarriage of justice Legislation Cited: Crimes Act 1900 (NSW) ss 61I, 61L Criminal Appeal Rules r 4 Cases Cited: ARS v R [2011] NSWCCA 266 Brown v R [2019] NSWCCA 269 Melbourne v The Queen (1999) 198 CLR 1; [1999] HCA 32 Nudd v The Queen [2006] HCA 9; (2006) 80 ALJR 614 R v Stalder [1981] 2 NSWLR 9 Simic v The Queen (1980) 144 CLR 319 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Texts Cited: Nil Category: Principal judgment Parties: Ahmed Masri (Appellant) Crown (Respondent) Representation: Counsel: P Lange (Appellant) D Patch (Respondent)

Solicitors: M Chahine (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/310843 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: Nil Date of Decision: 12 – 28 February 2019 Before: North DCJ File Number(s): 2017/310843