R v Zekry Bishara [2022] NSWDC 291

R v Zekry Bishara [2022] NSWDC 291

The directions required under ss 292 and following of the Criminal Procedure Act 1986 apply in this case, as the hearing is deemed to have commenced at the arraignment before the jury panel, which occurred after commencement of the amendments.

Parties
Crown: Office of the Director of Public Prosecutions; Accused: Zekry Bishara
Jurisdiction
Australia
Judgment Date
19 July 2022
Procedural Posture
Criminal / Interlocutory Judgment on Directions to Jury and Transitional Application of Legislation
Outcome
Directions under ss 292 and following of the Criminal Procedure Act 1986 will apply to the proceedings.
Legal Topics
Directions to Jury, Transitional Provisions, Sexual Consent Reforms, Commencement of Proceedings
Criminal Law Directions to Jury Transitional Provisions Sexual Consent Reforms Commencement of Proceedings

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Parties

Office of the Director of Public Prosecutions

Crown

Zekry Bishara

Accused

Procedural Posture

Criminal / Interlocutory Judgment on Directions to Jury and Transitional Application of Legislation

Legal Issues

  1. 1 Whether the new consent directions under the amended Criminal Procedure Act 1986 apply to the current proceedings
  2. 2 When the 'hearing of the proceedings' is deemed to have commenced for the purposes of transitional provisions

Ratio Decidendi

The directions required under ss 292 and following of the Criminal Procedure Act 1986 apply in this case, as the hearing is deemed to have commenced at the arraignment before the jury panel, which occurred after commencement of the amendments.

Court Disposition

Directions under ss 292 and following of the Criminal Procedure Act 1986 will apply to the proceedings.

Orders

  • The Court will have regard to the provisions of s 292 and following of the Criminal Procedure Act 1986 for purposes of summing up to the jury.