R v Laybutt [2022] NSWDC 601

R v Laybutt [2022] NSWDC 601

The words "hearing of the proceedings" in the transitional provision have work to do and refer, for the purposes of the consent direction provisions, to the trial before a jury or judge alone rather than the earlier filing of the indictment and first arraignment. Because the relevant trial hearing had not begun before 1 June 2022, ss 292 to 292E of the Criminal Procedure Act 1986 (NSW) apply, and the judge may give directions under those provisions.

Jurisdiction
Australia
Judgment Date
18 October 2022
Procedural Posture
Criminal Procedural Ruling on Application for Consent Directions / Application for Directions Pursuant to Ss 292 a to 292 E of the Criminal Procedure Act 1986 (nsw)
Outcome
Application granted. ss 292 to 292E of the Criminal Procedure Act applies.
Legal Topics
['jury Directions' 'consent Directions' 'sexual Intercourse Without Consent' 'sexual Consent' 'transitional Provisions' 'statutory Interpretation' 'retrospective Operation']
['criminal Law' 'criminal Procedure' 'evidence'] ['jury Directions' 'consent Directions' 'sexual Intercourse Without Consent' 'sexual Consent' 'transitional Provisions' 'statutory Interpretation' 'retrospective Operation']

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Procedural Posture

Criminal Procedural Ruling on Application for Consent Directions / Application for Directions Pursuant to Ss 292 a to 292 E of the Criminal Procedure Act 1986 (nsw)

Legal Issues

  1. 1 ['Whether ss 292A to 292E of the Criminal Procedure Act 1986 (NSW), inserted by the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021, apply to a trial for alleged offences committed before 1 June 2022 where the accused was arraigned before that date but the substantive trial was to commence after that date.' 'Whether the phrase "the hearing of the proceedings began before the commencement of the amendment" in the transitional provision refers to the first arraignment or to the hearing of the trial before a jury or judge alone.']

Ratio Decidendi

The words "hearing of the proceedings" in the transitional provision have work to do and refer, for the purposes of the consent direction provisions, to the trial before a jury or judge alone rather than the earlier filing of the indictment and first arraignment. Because the relevant trial hearing had not begun before 1 June 2022, ss 292 to 292E of the Criminal Procedure Act 1986 (NSW) apply, and the judge may give directions under those provisions.

Court Disposition

Application granted. ss 292 to 292E of the Criminal Procedure Act applies.

Orders

  • ['Application granted.' 'ss 292 to 292E of the Criminal Procedure Act 1986 (NSW) apply.' 'Directions will be given at an appropriate time as the parties may wish or as the Court determines, in accordance with s 292A to s 292E of the Criminal Procedure Act 1986 (NSW).']