Budrodeen v R [2014] NSWCCA 332
The jury directions erroneously included consent as an element of the offences; this misdirection allowed the jury to convict based on irrelevant factors and bypass the single critical issue of honest and reasonable mistake as to the complainant's age, warranting the quashing of convictions and remittal for retrial.
- Parties
- Applicant: Adam Budrodeen; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 01 October 2014
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- convictions quashed; appeal allowed; retrial ordered
- Legal Topics
- Appeal Against Conviction, Sexual Offences, Jury Directions, Consent, Honest and Reasonable Mistake of Fact
Case Brief
Summary, issues, holding and outcome
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Parties
Adam Budrodeen
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 fundamental error in jury directions relating to consent and honest and reasonable mistake of fact
- 2 whether consent is an element of offences under ss 61M(2) and 66C(3) Crimes Act 1900 (NSW)
- 3 proper application of honest and reasonable mistake of fact defence
Ratio Decidendi
The jury directions erroneously included consent as an element of the offences; this misdirection allowed the jury to convict based on irrelevant factors and bypass the single critical issue of honest and reasonable mistake as to the complainant's age, warranting the quashing of convictions and remittal for retrial.
Court Disposition
convictions quashed; appeal allowed; retrial ordered
Orders
- Leave to appeal against conviction granted and appeal allowed.
- Convictions quashed.
Full Case Text
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