R v Y, K

The applicants, R and K, appealed their convictions for unlawful sexual intercourse. The appeals concerned alleged misdirections by the trial judge and the improper admission of evidence. The matter was heard by Kourakis CJ, Sulan and Parker JJ.

The central legal issues before the Full Court were whether the trial judge had misdirected the jury regarding the elements of the offence of unlawful sexual intercourse, specifically concerning the issue of consent, and whether certain evidence had been improperly admitted, thereby occasioning a miscarriage of justice.

The Court considered the relevant legislative provisions and established principles of criminal law concerning consent in sexual offences. It analysed the judge's directions to the jury, comparing them against the legal requirements for establishing the offence. The Court also examined the admissibility of the challenged evidence, applying the principles governing the admission of such material and assessing whether its admission had prejudiced the applicants' right to a fair trial.

The Court allowed the appeals, quashed the convictions, and ordered new trials.