Murray v R [2022] NSWCCA 274

Murray v R [2022] NSWCCA 274

By majority, the Court held that leave should be granted but the appeal dismissed. The sole ground was unreasonable verdict. The majority concluded, after considering the whole of the evidence, that none of the asserted frailties required departure from the jury's assessment of the complainant as credible and reliable. The prompt text message at 3.23 am stating that the complainant thought she had been raped, evidence of her distress, and consistent complaint evidence supported her account. The applicant's proposed honest belief in consent was not a ground advanced at trial or on appeal and, in relation to counts 2, 3 and 4, would have been contrary to his sworn denial that the conduct...

Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal Appeal Against Conviction for Sexual Offences / Application for Leave to Appeal Against Conviction in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed by majority.
Legal Topics
['unreasonable Verdict' 'sexual Touching' 'sexual Intercourse Without Consent' 'consent' 'knowledge of Non Consent' 'jury Verdicts']
['criminal Law' 'criminal Appeals' 'sexual Offences'] ['unreasonable Verdict' 'sexual Touching' 'sexual Intercourse Without Consent' 'consent' 'knowledge of Non Consent' 'jury Verdicts']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Sexual Offences / Application for Leave to Appeal Against Conviction in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave to appeal was required and should be granted because the sole ground involved questions of fact or mixed fact and law under Criminal Appeal Act 1912 (NSW), s 5(1)(b).' "Whether the jury's guilty verdicts on four sexual offence counts were unreasonable or could not be supported having regard to the evidence." "Whether the evidence of the complainant, considered with the applicant's evidence and other evidence, left a reasonable doubt that a rational jury ought to have entertained." 'Whether any issue of honest belief on reasonable grounds as to consent could determine the appeal when it was not raised by the applicant at trial or as a ground of appeal.']

Ratio Decidendi

By majority, the Court held that leave should be granted but the appeal dismissed. The sole ground was unreasonable verdict. The majority concluded, after considering the whole of the evidence, that none of the asserted frailties required departure from the jury's assessment of the complainant as credible and reliable. The prompt text message at 3.23 am stating that the complainant thought she had been raped, evidence of her distress, and consistent complaint evidence supported her account. The applicant's proposed honest belief in consent was not a ground advanced at trial or on appeal and, in relation to counts 2, 3 and 4, would have been contrary to his sworn denial that the conduct...

Court Disposition

Leave to appeal granted; appeal dismissed by majority.

Orders

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