v Yanes v Simon Troy Trewin

The defendant, Simon Troy Trewin, was charged with assault occasioning actual bodily harm against the complainant, Yanes, under section 59 of the Crimes Act 1900 (NSW). The dispute centred on whether the harm inflicted was consented to during sexual activity between the parties. The case was heard in the District Court of New South Wales, presided over by Judge McInerney DCJ. The primary legal issue was whether the defence of consent could be successfully raised where the harm was inflicted during consensual sexual activity. The court also considered the admissibility of tendency evidence under section 117 of the Evidence Act 1995 (NSW) to establish the defendant's propensity to engage in similar conduct.

The court found that the defence of consent could be applicable in this context but required clear and unambiguous evidence. The judge examined the complainant's evidence and circumstances surrounding the incident to determine whether the consent was freely given and informed. The court held that while the parties engaged in consensual sexual activity, the harm inflicted went beyond what was consented to. The judge also assessed the tendency evidence and concluded that it was relevant and admissible to show the defendant's propensity to engage in such conduct, which supported the finding of guilt. Ultimately, the court found the defendant guilty of the charge.