AH v R [2019] NSWCCA 152

AH v R [2019] NSWCCA 152

The guilty verdict on Count 1 was not irreconcilably inconsistent with the acquittal on Count 2 because the jury could rationally accept the complainant's evidence of digital penetration while remaining in reasonable doubt about the alleged penile penetration, particularly given the complainant's age, possible sexual inexperience, sparse detail, and the separate consideration required for each count. On an independent assessment of the evidence, including the complainant's evidence, the concealment alleged in Counts 1 and 3, and evidence of the complainant's distress in relation to Count 3, it was open to the jury to be satisfied beyond reasonable doubt of the counts on which the...

Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction From the District Court of NSW
Outcome
Leave to appeal against conviction granted; appeal dismissed.
Legal Topics
['conviction Appeal' 'aggravated Indecent Assault' 'inconsistent Verdicts' 'unreasonable Verdict' 'jury Verdicts' 'sexual Offences Against Child Under 16']
['criminal Law' 'criminal Procedure'] ['conviction Appeal' 'aggravated Indecent Assault' 'inconsistent Verdicts' 'unreasonable Verdict' 'jury Verdicts' 'sexual Offences Against Child Under 16']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction From the District Court of NSW

Legal Issues

  1. 1 ['Whether the verdict of guilty on Count 1 was irreconcilably inconsistent with the verdict of not guilty on Count 2 where the alleged conduct occurred in close proximity in time in a swimming pool.' 'Whether each of the remaining verdicts of guilty was unreasonable or unsupported by the evidence.']

Ratio Decidendi

The guilty verdict on Count 1 was not irreconcilably inconsistent with the acquittal on Count 2 because the jury could rationally accept the complainant's evidence of digital penetration while remaining in reasonable doubt about the alleged penile penetration, particularly given the complainant's age, possible sexual inexperience, sparse detail, and the separate consideration required for each count. On an independent assessment of the evidence, including the complainant's evidence, the concealment alleged in Counts 1 and 3, and evidence of the complainant's distress in relation to Count 3, it was open to the jury to be satisfied beyond reasonable doubt of the counts on which the...

Court Disposition

Leave to appeal against conviction granted; appeal dismissed.

Orders

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