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Key decisions

  • OR v R [2025] NSWCCA 234
  • Jindalee Road Wines Pty Ltd v Natural Resources Access Regulator; Littore v Natural Resources Access Regulator [2025] NSWCCA 215

OR v R [2025] NSWCCA 234

Proof of aggravating features at trial – ‘at the time of, or immediately before or after’

This decision discusses the limits, particulars and requirements for proof in cases where the prosecution alleges a circumstance of aggravation which requires something to have happened ‘at the time of, or immediately before or after’ a foundational offence.

The applicant was convicted in the District Court following a judge-alone trial. The offences consisted of a range of physical domestic violence offences, along with a range of sexual offences. Relevantly to this summary, three of the offences were particularised as aggravated sexual intercourse without consent, with the aggravating circumstances being that ‘… at the time of, or immediately before or after, the commission of the offence…’ he recklessly inflicted actual bodily harm on the complainant. The words ‘at the time of, or immediately before or after, the commission of the offence’ occur frequently in the Crimes Act 1900 (NSW) in a variety of contexts. This summary deals with that limited aspect of the conviction appeal.

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