R v Vikas [2024] NSWDC 177

R v Vikas [2024] NSWDC 177

Making its own assessment on the s 18 appeal, the Court held that the alleged inconsistencies were largely rejected or were minor and insignificant when considered individually and cumulatively. The compelling evidence of CH, the eyewitness evidence of her father in vital respects, and the evidence of immediate complaint proved beyond reasonable doubt that the appellant intentionally sexually touched CH in the crotch or upper inner thigh area. The magistrate's decision was correct and the appeal failed.

Jurisdiction
Australia
Judgment Date
17 May 2024
Procedural Posture
Criminal Conviction Appeal / District Court Appeal From Local Court Conviction Under S 18 Crimes (appeal and Review) Act 2001 by Way of Rehearing on the Evidence Given in the Local Court; No Fresh Evidence or Witness Recall Applications Were Made.
Outcome
Appeal dismissed.
Legal Topics
['child Sex Offences' 'intentionally Sexually Touch Child 10 Years or Older and Under 16 Years' 'appeal Against Conviction From Local Court' 'unreasonable Verdict' 'assessment of Witness Credibility and Inconsistencies' 'sexual Touching']
['criminal Law' 'criminal Procedure' 'evidence'] ['child Sex Offences' 'intentionally Sexually Touch Child 10 Years or Older and Under 16 Years' 'appeal Against Conviction From Local Court' 'unreasonable Verdict' 'assessment of Witness Credibility and Inconsistencies' 'sexual Touching']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / District Court Appeal From Local Court Conviction Under S 18 Crimes (appeal and Review) Act 2001 by Way of Rehearing on the Evidence Given in the Local Court; No Fresh Evidence or Witness Recall Applications Were Made.

Legal Issues

  1. 1 ["Whether the magistrate's verdict was unreasonable because alleged inconsistencies in the evidence of CH, her father and her mother made the Crown evidence unreliable." 'Whether the evidence proved beyond reasonable doubt that the appellant touched CH, that the touching was intentional, and that it was sexual in nature.' 'Whether, on a s 18 Crimes (Appeal and Review) Act 2001 rehearing, the District Court should uphold or set aside the Local Court conviction.']

Ratio Decidendi

Making its own assessment on the s 18 appeal, the Court held that the alleged inconsistencies were largely rejected or were minor and insignificant when considered individually and cumulatively. The compelling evidence of CH, the eyewitness evidence of her father in vital respects, and the evidence of immediate complaint proved beyond reasonable doubt that the appellant intentionally sexually touched CH in the crotch or upper inner thigh area. The magistrate's decision was correct and the appeal failed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']