McCarthy v R [2023] NSWCCA 56

McCarthy v R [2023] NSWCCA 56

It was open to the jury, based on the evidence, to convict the applicant on counts 2 and 5, and acquit him on counts 1, 3, 4, and 6; logical and reasonable explanations for the acquittals exist that do not undermine the credibility of the complainant. The guilty verdicts were not unreasonable or unsupported by the evidence.

Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Conviction
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'sexual Offences' 'inconsistent Verdicts']
['criminal Law'] ['appeal Against Conviction' 'unreasonable Verdict' 'sexual Offences' 'inconsistent Verdicts']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdicts of guilty in relation to counts 2 and 5 are unreasonable due to inconsistency with verdicts of not guilty in relation to counts 1, 3, 4 and 6' 'Whether the verdicts of guilty are unreasonable or cannot be supported having regard to the evidence']

Ratio Decidendi

It was open to the jury, based on the evidence, to convict the applicant on counts 2 and 5, and acquit him on counts 1, 3, 4, and 6; logical and reasonable explanations for the acquittals exist that do not undermine the credibility of the complainant. The guilty verdicts were not unreasonable or unsupported by the evidence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']