R v MZ (No 3)

Case [2021] ACTSC 332


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v MZ (No 3)

Citation:

[2021] ACTSC 332

Hearing Date:

7 April 2021 – 9 April 2021

DecisionDate:

9 April 2021

ReasonsDate:

23 December 2021

Before:

Loukas-Karlsson J

Decision:

See [287]-[288]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Trial – Retrial – Trial by judge alone – sexual intercourse without consent – related charge – administer a declared substance without authorisation – verdicts of not guilty

Legislation Cited:

Crimes Act 1900 (ACT) s 54

Criminal Code 2002 (ACT)
Evidence (Miscellaneous Provisions) Act 1991 (ACT) ss 49, 57, 72, 80B, 80C, 80D
Evidence Act 2011 (ACT) ss 55, 66, 79, 184
Medicines, Poisons and Therapeutic Goods Act 2008 (ACT) ss 10, 11, 15, 19, 20, 25, 37, 178, 180
Medicines, Poisons and Therapeutic Goods Regulation 2008 (ACT) ss 360, 361
Poisons Standard June 2018 (Cth)

Supreme Court Act 1933 (ACT) s 68B, 68C

Cases Cited:

Azzopardi v The Queen [2001] HCA 25; 205 CLR 50

Banditt v The Queen [2005] HCA 80; 224 CLR 262
De Silva v The Queen [2019] HCA 48; 268 CLR 57
Edwards v The Queen (1993) 178 CLR 193
Filippou v The Queen [2015] HCA 29; 256 CLR 47
Kirby v MZ [2019] ACTSC 327
Liberato v The Queen (1995) 159 CLR 507
McDermott v The King (1948) 76 CLR 501
MZ v The Queen [2020] ACTCA 41
R v Connors (No 2) [2016] ACTSC 333
R v DM [2010] ACTSC 137
R v Droudis (No 14) [2016] NSWSC 1550
R v Garay (No 3) [2021] ACTSC 215
R v Graham [2017] ACTSC 267
R v Jovanovic (1997) 42 NSWLR 520
R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82
R v Masina(No 3) [2020] ACTSC 154
R v Mulcahy [2010] ACTSC 98
R v Murray (1987) 11 NSWLR 12; 30 A Crim R 315
R v MZ [2019] ACTSC 341
R v Song (No 2) [2017] ACTSC 148
R v Stevens (No 2) [2017] ACTSC 296
R v Sutton (1986) 5 NSWLR 697
R v Sutton [2021] ACTSC 37
R v Tang [2019] ACTSC 4
Scott Fell v Lloyd (1911) 13 CLR 230

Zoneff v The Queen [2000] HCA 28; 200 CLR 234

Parties:

The Queen (Crown)

MZ (Accused)

Representation:

Counsel

A Chatterton (Crown)

M Thangaraj SC with M Jones (Accused)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Law (Accused)

File Numbers:

SCC 318 of 2018; SCC 319 of 2018

LOUKAS-KARLSSON J:

Introduction

  1. This is a judge-alone retrial conducted pursuant to s 68B(1) of the Supreme Court Act 1933 (ACT) (Supreme Court Act). MZ (the accused) signed an election to be tried by a judge alone for the retrial on 24 March 2021. An election could be made for a trial by judge alone for the retrial due to amendments to s 68B that have since elapsed, notwithstanding that it related to an “excluded offences: s 68B(3A)(b).

  1. The accused…

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AGLC
R v MZ (No 3) [2021] ACTSC 332
Case
[2021] ACTSC 332
Decision Date

CaseChat Overview and Summary

The case of R v MZ (No 3) involved a retrial of the accused, MZ, on charges of sexual intercourse without consent and administering a declared substance. The initial trial resulted in a guilty verdict for the charge of sexual intercourse without consent, but this was overturned on appeal. The appeal court found that the trial judge had erred in the directions given to the jury, leading to an order for a retrial. The retrial was conducted as a judge-alone trial, with the accused electing to be tried by a judge alone. The court considered various legal issues, including the standard of proof, the credibility of witnesses, and the admissibility of evidence. After evaluating all the evidence, the court found that the prosecution had failed to prove the elements of both charges beyond reasonable doubt. The court found the accused not guilty of both the charge of sexual intercourse without consent and the related charge of administering a declared substance. The court emphasised the importance of the prosecution proving its case beyond reasonable doubt and highlighted the inconsistencies in the complainant's evidence. The decision underscores the significance of the criminal standard of proof and the presumption of innocence in criminal trials.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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