Full Court Minute Books

Case S43/2019

The Queen v. A2; The Queen v. Magennis and The Queen v. Vaziri

Case Nos.

S43/2019, S44/2019 and S45/2019

Case Information

Lower Court Judgment

10/08/2018 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJ, Ward JA, Adams J)

[2018] NSWCCA 174

Catchwords

Criminal law – Female genital mutilation – Where A2 and Magennis had been convicted of offences of female genital mutilation contrary to s 45(1)(a), Crimes Act 1990 (NSW) – Where Vaziri had been convicted of being an accessory to those offences – Where, on appeal, the Court of Criminal Appeal of New South Wales (CCA) entered verdicts of acquittal for A2, Magennis and Vaziri – Whether the CCA erred in construing the words “otherwise mutilates” and “clitoris” in s 45(1)(a) of the Crimes Act – Whether “otherwise mutilates” extends to include any injury and/or damage to another person’s clitoris in s 45(1)(a) of the Crimes Act – Whether “clitoris” includes the clitoral hood or prepuce in s 45(1)(a) of the Crimes Act.

Short particulars

Documents*

15/02/2019 Hearing (SLA, Sydney)

01/03/2019 Notice of appeal

05/04/2019 Written submissions (Appellant)

05/04/2019 Chronology (Appellant)

03/05/2019 Written submissions (Respondents in S43/2019 and S45/2019)

03/05/2019 Written submissions (Respondent in S44/2019)

23/05/2019 Reply

12/06/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

12/06/2019 Outline of oral argument (Appellant)

12/06/2019 Outline of oral argument (Respondents in S43/2019 and S45/2019)

12/06/2019 Outline of oral argument (Respondent in S44/2019)

19/06/2019 Note on World Health Organisation Recommendations (Appellant)

26/06/2019 Joint Note on World Health Organisation Recommendations (Respondents)

24/07/2019 Joint Submission on the Criminal Appeal Act 1912 (NSW) (Respondents)

07/08/2019 Submissions on the Criminal Appeal Act 1912 (NSW) (Appellant)