R v ACK [2000] NSWCCA 180

R v ACK [2000] NSWCCA 180

After an independent review of the evidence, including alleged inconsistencies and weaknesses, the court found that the jury was entitled to accept the complainant's evidence as generally truthful; the medical evidence did not refute the allegations. There was no sufficient reason to doubt the safety or satisfaction of the convictions; hence, the appeal should be dismissed. The minimum terms of sentences had already been served, and the sentences were not manifestly excessive; therefore, leave to appeal the sentence was refused.

Jurisdiction
Australia
Judgment Date
09 May 2000
Procedural Posture
Criminal Appeal / Appeal From Conviction and Application for Leave to Appeal Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
['aggravated Indecent Assault' 'unsafe and Unsatisfactory Verdict' 'appeal Against Conviction' 'application for Leave to Appeal Sentence']
['criminal Law'] ['aggravated Indecent Assault' 'unsafe and Unsatisfactory Verdict' 'appeal Against Conviction' 'application for Leave to Appeal Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the verdicts of guilty were unsafe and unsatisfactory (whether the conviction should be set aside under s 6 of the Criminal Appeal Act)' 'Whether the sentences were manifestly excessive']

Ratio Decidendi

After an independent review of the evidence, including alleged inconsistencies and weaknesses, the court found that the jury was entitled to accept the complainant's evidence as generally truthful; the medical evidence did not refute the allegations. There was no sufficient reason to doubt the safety or satisfaction of the convictions; hence, the appeal should be dismissed. The minimum terms of sentences had already been served, and the sentences were not manifestly excessive; therefore, leave to appeal the sentence was refused.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence refused.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence refused.']