JNB v The Queen

The case of JNB v The Queen concerned an appeal against a conviction for a sexual offence. The appellant, JNB, was convicted in the Supreme Court of the Northern Territory following a trial by jury. The appeal was heard by the Court of Criminal Appeal of the Northern Territory.

The primary legal issue before the Court of Criminal Appeal was whether the trial judge had erred in law by failing to direct the jury adequately on the issue of consent, specifically in relation to the appellant's belief that the complainant had consented. The court was required to consider the nature and scope of the defence of honest and reasonable belief in consent under the relevant provisions of the Northern Territory criminal law.

The Court of Criminal Appeal analysed the evidence presented at trial and the judge's summing up. It applied established principles regarding the direction on consent, noting that a jury must be instructed that if they find the accused honestly believed the complainant consented, even if that belief was unreasonable, they must acquit. However, the court also considered the requirement that such a belief must be reasonably held in the circumstances. The court found that the trial judge's directions, when viewed in their entirety, did not adequately convey the legal test for the defence of consent, particularly the distinction between an honest belief and an honest and reasonable belief.

The Court of Criminal Appeal allowed the appeal, quashed the conviction, and ordered a new trial.