McGrory v R [2018] NSWCCA 226

McGrory v R [2018] NSWCCA 226

The primary judge's acceptance of the complainant's evidence and rejection of the applicant's account, supported by medical evidence and contemporaneous complaints, led to inevitable findings of guilt on the charges. No misapplication of legal principles or error in fact was shown, and the aggregate sentence was within range and appropriately reflected the applicant's conduct and circumstances.

Parties
Applicant: Adam Troy McGrory; Respondent: Crown
Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal against conviction and sentence refused.
Legal Topics
Appeal Against Conviction, Appeal Against Sentence, Assault Occasioning Actual Bodily Harm, Sexual Assault, Influencing a Witness, Judge Alone Trial, Consent, Credibility of Complainant, Medical Evidence, Sentencing, Domestic Violence
Criminal Law Appeal Against Conviction Appeal Against Sentence Assault Occasioning Actual Bodily Harm Sexual Assault Influencing a Witness Judge Alone Trial Consent +4 more

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Parties

Adam Troy McGrory

Applicant

Crown

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Crown established beyond reasonable doubt that the applicant knew the complainant did not consent to sexual intercourse
  2. 2 Whether the primary judge properly considered the reliability and credibility of the complainant
  3. 3 Whether the medical evidence was inconsistent and undermined the prosecution case

Ratio Decidendi

The primary judge's acceptance of the complainant's evidence and rejection of the applicant's account, supported by medical evidence and contemporaneous complaints, led to inevitable findings of guilt on the charges. No misapplication of legal principles or error in fact was shown, and the aggregate sentence was within range and appropriately reflected the applicant's conduct and circumstances.

Court Disposition

Application for leave to appeal against conviction and sentence refused.

Orders

  • Order that the applicant's application for leave to appeal against conviction and sentence be refused.