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Davis v R [2024] NSWCCA 120
In this decision the Court of Criminal Appeal (‘CCA’) has considered common arguments which, though they might have currency in non-sexual offending, are of dubious relevance or validity in the context of child sex matters. They have, however, offered some morsels of comfort for practitioners who fi
Nguyen v Director of Public Prosecutions (NSW) [2023] NSWCCA 42
The CCA has determined that, in proving indecency in the context of publishing an indecent article, there is no subjective element. That is, the question of indecency here (and, seemingly, in most other offence provisions) is determined wholly objectively.
Saffin v R [2020] NSWCCA 246
Despite being a sentence appeal, this decision sheds some light on how the law of consent works in the context of sex offences. After reiterating that a sentencing judge is not obliged to accept the defence version on sentence just because they do not accept the prosecution version, the Court went o
WX v R [2020] NSWCCA 142
In this decision the CCA has carefully analysed the legislation allowing a complainant to be recalled under certain circumstances, notwithstanding legislation providing a presumption that they will not be recalled. The test, the CCA observed, is not whether there was a miscarriage of justice occasio
Rohan v R [2018] NSWCCA 89
The Court of Criminal Appeal has considered the restrictions relating to issuing subpoenas in sexual assault proceedings. After observing that some previous authority might be questionable, they examined the intersection between ‘substantial probative value’ and the warnings juries receive in sexual