AB v Regina [2015] NSWCCA 315

AB v Regina [2015] NSWCCA 315

The conviction on Count 6 had to be quashed because the Crown conceded that the limitation period for a charge under s 78K of the Crimes Act had expired before the charge was brought and it was not appropriate to enter an alternative verdict under s 7(2) of the Criminal Appeal Act 1912 (NSW). The remaining guilty verdicts were not unreasonable: despite inconsistencies and contrary evidence, the jury was entitled to accept the complainant's evidence, reject or discount contrary evidence including Mr Taylor's evidence, rely on tendency evidence from CC and IK if accepted beyond reasonable doubt, and reconcile the acquittals on Counts 1 and 4 by reference to particular difficulties with the...

Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Criminal Appeal Against Conviction for Sexual and Drug Offences / Application for Leave to Appeal and Appeal to the Court of Criminal Appeal From Convictions After District Court Jury Trial
Outcome
Leave to appeal granted on Ground 1, leave refused on Ground 3, conviction on Count 6 quashed with verdict of acquittal entered, and appeal against conviction otherwise dismissed; resentencing submissions directed.
Legal Topics
['conviction Appeal' 'unreasonable or Unsupported Verdict' 'statutory Time Limit' 'jury Directions' 'absence of Police Records' 'tendency Evidence' 'sexual Offences' 'drug Offences']
['criminal Law' 'criminal Procedure' 'evidence'] ['conviction Appeal' 'unreasonable or Unsupported Verdict' 'statutory Time Limit' 'jury Directions' 'absence of Police Records' 'tendency Evidence' 'sexual Offences' 'drug Offences']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Sexual and Drug Offences / Application for Leave to Appeal and Appeal to the Court of Criminal Appeal From Convictions After District Court Jury Trial

Legal Issues

  1. 1 ['Whether the guilty verdicts on Counts 2, 3, 5 and 6 were unreasonable and could not be supported having regard to the evidence.' 'Whether Count 6 was brought outside the relevant statutory time limit.' 'Whether the trial judge erred by directing the jury in effect that it could not act on the absence of police records as showing that an event did not happen.' 'Whether acquittals on Counts 1 and 4 were inconsistent with guilty verdicts on other counts.']

Ratio Decidendi

The conviction on Count 6 had to be quashed because the Crown conceded that the limitation period for a charge under s 78K of the Crimes Act had expired before the charge was brought and it was not appropriate to enter an alternative verdict under s 7(2) of the Criminal Appeal Act 1912 (NSW). The remaining guilty verdicts were not unreasonable: despite inconsistencies and contrary evidence, the jury was entitled to accept the complainant's evidence, reject or discount contrary evidence including Mr Taylor's evidence, rely on tendency evidence from CC and IK if accepted beyond reasonable doubt, and reconcile the acquittals on Counts 1 and 4 by reference to particular difficulties with the...

Court Disposition

Leave to appeal granted on Ground 1, leave refused on Ground 3, conviction on Count 6 quashed with verdict of acquittal entered, and appeal against conviction otherwise dismissed; resentencing submissions directed.

Orders

  • ['Grant leave to the appellant to appeal on Ground 1 of the notice of appeal.' 'Refuse leave to appeal on Ground 3.' 'Conviction in respect of Count 6 of the indictment be quashed and a verdict of acquittal be entered on that count.' 'Appeal against conviction otherwise dismissed.' 'Direct the appellant to make...