Hanna v R [2023] NSWCCA 182

Hanna v R [2023] NSWCCA 182

Leave to appeal was granted but the appeal was dismissed because the acquittals on counts 4-9 had an obvious rational explanation in the jury's possible doubt that the third incident occurred before the complainant turned 16, and because, after an independent assessment of the whole evidence while allowing for the jury's advantage, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt on counts 1-3. The complaint evidence, the swearing-on-the-bible incident, rejection of the applicant's denial of any sexual relations, and corroborating details in the complainant's account meant that the identified inconsistencies did not require a rational jury to have a...

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal From District Court Convictions; Leave Granted and Appeal Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'inconsistent Verdicts' 'sexual Offences Against Child' 'complaint Evidence' 'jury Verdicts']
['criminal Law' 'criminal Procedure' 'evidence'] ['appeal Against Conviction' 'unreasonable Verdict' 'inconsistent Verdicts' 'sexual Offences Against Child' 'complaint Evidence' 'jury Verdicts']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal From District Court Convictions; Leave Granted and Appeal Determined

Legal Issues

  1. 1 ['Whether the verdicts of guilty on counts 1-3 were unreasonable or unsupported having regard to the evidence.' "Whether the convictions on counts 1-3 should be set aside because they were inconsistent with the jury's not guilty verdicts on counts 4-9." "Whether inconsistencies, discrepancies or other inadequacies in the complainant's evidence, viewed with the other evidence, meant that the jury acting rationally ought to have entertained a reasonable doubt." 'Whether the acquittals on counts 4-9 were rationally explained by doubt as to whether the alleged third incident occurred before the complainant turned 16.']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because the acquittals on counts 4-9 had an obvious rational explanation in the jury's possible doubt that the third incident occurred before the complainant turned 16, and because, after an independent assessment of the whole evidence while allowing for the jury's advantage, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt on counts 1-3. The complaint evidence, the swearing-on-the-bible incident, rejection of the applicant's denial of any sexual relations, and corroborating details in the complainant's account meant that the identified inconsistencies did not require a rational jury to have a...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']