Full Court Minute Books

Case S37/2021

Hofer v. The Queen

Case No.


Case Information

Lower Court Judgment

18/10/2019 Supreme Court of New South Wales (Court of Criminal Appeal) (MacFarlan JA, Fullerton & Fagan JJ)

[2019] NSWCCA 244


Criminal law – Criminal procedure – Conduct of cross-examination – Where applicant charged with 11 counts of having sexual intercourse without consent – Where two complainants testified as prosecution witnesses – Where applicant gave evidence – Where, during cross-examination, prosecutor asked applicant about aspects of his evidence arising from defence counsel’s failure to comply with Browne v Dunn rule in respect of those matters in cross-examination of complainants – Where prosecutor suggested applicant lying in evidence about those matters because defence counsel had not put those matters to complainants – Where defence counsel did not object to prosecutor’s questions – Where applicant convicted and unsuccessfully appealed to NSW Court of Criminal Appeal – Whether prosecutor able to cross-examine accused with regard to defence counsel’s non-compliance with rule in Browne v Dunn – Whether prosecutor engaged in impermissible questioning – Whether defence counsel at trial incompetent – Whether trial miscarried.


12/03/2021 Hearing (SLA, Canberra)

26/03/2021 Notice of appeal

03/05/2021 Written submissions (Appellant)

03/05/2021 Chronology (Appellant)

31/05/2021 Written submissions (Respondent)

18/06/2021 Reply

12/08/2021 Hearing (Full Court, Canberra)

12/08/2021 Outline of oral argument (Appellant)

12/08/2021 Outline of oral argument (Respondent)

10/11/2021 Judgment (Judgment summary)