FGM conviction revisited in NSWCA

A2 v R; Magennis v R; Vaziri v R [2020] NSWCCA 7 (available on Caselaw) revisited the appeals against conviction in these matters, following an earlier appeal to the High Court (The Queen v A2; The Queen v Magennis; The Queen v Vaziri [2019] HCA 35) which allowed the appeal and remitted matter for determination of unreasonable verdict ground on proper construction of s 45(1)(a) of Crimes Act 1900  (NSW).

On this occasion the Court of Appeal:

  • Confirmed that the appeal against conviction is allowed and the convictions quashed; and
  • Ordered that there be a new trial of each of the appellants having regard to the proper construction of s 45(1)(a) of the Crimes Act.