Director of Public Prosecutions (NSW) v Wright and the Local Court of New South Wales

[2021] NSWSC 1086

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Practice and Procedure
2. › Failure to give reasons
3. › Where the first defendant pleaded not guilty to a charge of sexually touching the victim
4. › Where hearing proceeded before a Magistrate on the sole issue of consent
5. › Charge against the first defendant dismissed by the Magistrate
6. › Failure to give adequate reasons
7. › Failure to explain what findings were actually made as to the victim’s consent or the first defendant’s knowledge of the absence of consent
8. › Error established
1. Practice and Procedure
2. › Failure to apply specific statutory provisions governing the issue of consent
3. › Error established
1. Practice and Procedure
2. › Where the alleged offending was constituted by the first defendant touching the breast of the victim
3. › Where that conduct was referred to by the Magistrate as amounting to the first defendant “trying his luck”
4. › Observations as to the inappropriate use of such a term in the context of an allegation of sexual assault

Citation[2021] NSWSC 1086

CourtNSWSC

JurisdictionNew South Wales

The full text is available to signed-in members.

Already have an account? Sign in