Lazarus v R [2016] NSWCCA 52

Lazarus v R [2016] NSWCCA 52

The trial judge's directions regarding the accused's belief in consent incorrectly imposed an objective test and misstated the onus of proof. This misdirection constituted an error affecting a fundamental element of the offence. Despite the evidence being sufficient for a guilty verdict under correct directions, the conviction must be quashed and a new trial ordered because proper directions were not given regarding the accused's state of mind as to consent.

Jurisdiction
Australia
Judgment Date
12 April 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed; new trial ordered
Legal Topics
['sexual Intercourse Without Consent' 'appeal Against Conviction' 'consent Definition' 'knowledge/recklessness as to Consent' 'jury Directions']
['criminal Law'] ['sexual Intercourse Without Consent' 'appeal Against Conviction' 'consent Definition' 'knowledge/recklessness as to Consent' 'jury Directions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict of the jury was unreasonable or unsupported by the evidence' "Adequacy of trial judge's directions regarding knowledge of consent under s 61HA(3)(c) Crimes Act 1900 (NSW)"]

Ratio Decidendi

The trial judge's directions regarding the accused's belief in consent incorrectly imposed an objective test and misstated the onus of proof. This misdirection constituted an error affecting a fundamental element of the offence. Despite the evidence being sufficient for a guilty verdict under correct directions, the conviction must be quashed and a new trial ordered because proper directions were not given regarding the accused's state of mind as to consent.

Court Disposition

conviction quashed; new trial ordered

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Conviction quashed.' 'Order a new trial.']