R v Gat

• 1. Criminal Law
  2. › Sexual offences
  3. › Consent
  4. › Medical practitioner and patient
  5. › Whether evidence of lack of consent could be inferred from circumstances
  6. › Whether direct evidence from complainant required
  7. › Deeming provisions
  8. › Crimes Act 1900 (NSW), ss 61H, 61I, 61J, 61L, 61M, 61R, 61HA
• 1. Criminal Law
  2. › Trial
  3. › Directed verdict of acquittal
  4. › No case to answer
  5. › Whether any evidence of essential element
  6. › Whether evidence of lack of consent existed
  7. › Whether evidence of accused's knowledge of lack of consent existed
• 1. Criminal Law
  2. › Evidence
  3. › Rule in Browne v Dunn
  4. › Failure to put case to accused in cross-examination
  5. › Whether failure to comply with rule results in no evidence of mental element
  6. › Whether rule is one of practice and fairness rather than rigid requirement
• 1. Criminal Law
  2. › Appeals
  3. › Crown appeal against directed verdict of acquittal
  4. › Question of law alone
  5. › Parameters of s 107 Crimes (Appeal and Review) Act 2001 (NSW)
  6. › Two phases of directed verdict decision
  7. › Whether identification of elements of offence is question of law alone
  8. › Whether consideration of evidence is mixed question of law and fact

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