Acopian v R [2026] NSWCCA 127

Acopian v R [2026] NSWCCA 127 concerns an appeal from two convictions for sexual intercourse without consent, centred on a sexually charged, secretly recorded pretext call. The applicant argued that statements apparently acknowledging he continued after the complainant said “red” and told him to stop were fantasy and should have been excluded under ss 90 or 137 of the Evidence Act 1995 (NSW). The Court held that correctness review applies to unfairness under s 90 and that the jury had sufficient context to assess the statements. No further jury directions were required, and the verdicts were open. Leave was partly granted, but the appeal was dismissed.