The phrase 'the hearing of the proceedings began' in transitional provisions of NSW criminal legislation refers to the date of first arraignment, not the commencement of the trial before the jury. Non-advertent recklessness (complete failure to turn one's mind to the question of consent) remains a valid mental element for sexual offences in NSW, notwithstanding the introduction of the 'no reasonable grounds for believing' test. Jury directions addressing misconceptions about sexual assault (ss 292A-292E CPA) do not cause a miscarriage of justice merely because given in a trial where they were not legally required, particularly where experienced counsel did not object.
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