R v Currie

In the case of R v Currie, the defendant, Currie, appealed against his conviction for aggravated sexual assault under the Crimes Act 1900 (NSW) s 61I. The appeal was heard in the New South Wales Court of Criminal Appeal, where Heydon JA delivered the lead judgment with Whealy J concurring. The primary issue before the court was whether Currie had received a fair trial given the trial judge's directions to the jury and the acceptance of certain evidence. Specifically, the court needed to determine if the trial judge's failure to properly instruct the jury about the varying possible views of the facts that could result in a guilty verdict on a lesser statutory count constituted a serious procedural irregularity.

The court found that the trial judge's failure to adequately address the credibility of the complainant, who had provided inconsistent accounts of the events, was a significant issue. This inconsistency in evidence meant that the jury should have been directed to consider the complainant's reliability when assessing the other elements of the offence. Furthermore, the acceptance of an alibi notice as evidence was deemed to have prejudiced the appellant's right to a fair trial. The court concluded that the trial judge did not sufficiently direct the jury on how to consider differing versions of the complainant's account given to different individuals. These factors combined to result in a serious procedural irregularity that warranted a new trial.

The court held that Currie was entitled to a new trial, limited to the counts on which he had been found guilty, as he had already been acquitted on the charge with which he was initially indicted. The reasoning of the court was that the errors in the trial process, including the acceptance of prejudicial evidence and inadequate jury instructions, deprived Currie of a fair trial. The court's decision to order a new trial, while limited to the counts of conviction, underscores the importance of procedural fairness and proper jury direction in criminal trials.