ALS v R [2015] NSWCCA 70

ALS v R [2015] NSWCCA 70

By majority, upon an independent assessment of the whole of the evidence, the complainant's account was uncorroborated in material respects, evidence from her sisters and mother did not support key parts of it, the affectionate correspondence and wedding video were inconsistent with her asserted deep hostility to the appellant, aspects of the alleged charged incident raised questions about veracity, and the appellant's denials did not reveal an obvious lack of credibility. The combined effect left a reasonable doubt that the jury ought also to have experienced, so the verdict was unreasonable and could not be supported having regard to the evidence.

Jurisdiction
Australia
Judgment Date
21 April 2015
Procedural Posture
Criminal Appeal Against Conviction / Appeal From District Court Conviction After Jury Retrial
Outcome
Appeal allowed; conviction quashed; verdict of acquittal entered.
Legal Topics
['carnal Knowledge of a Person Under 10 Years of Age' 'unreasonable or Unsupported Verdict' 'uncorroborated Complainant Evidence' 'delayed Complaint' 'browne V Dunn' 'longman Direction']
['criminal Law' 'criminal Procedure' 'evidence'] ['carnal Knowledge of a Person Under 10 Years of Age' 'unreasonable or Unsupported Verdict' 'uncorroborated Complainant Evidence' 'delayed Complaint' 'browne V Dunn' 'longman Direction']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal From District Court Conviction After Jury Retrial

Legal Issues

  1. 1 ["Whether the jury's verdict of guilty was unreasonable, or could not be supported, having regard to the evidence under s 6(1) of the Criminal Appeal Act 1912 (NSW)." "Whether the complainant's uncorroborated evidence, together with contradictory correspondence and wedding video evidence, left a reasonable doubt as to the appellant's guilt." "Whether alleged breaches of the rule in Browne v Dunn concerning the complainant's mother's evidence caused a miscarriage of justice."]

Ratio Decidendi

By majority, upon an independent assessment of the whole of the evidence, the complainant's account was uncorroborated in material respects, evidence from her sisters and mother did not support key parts of it, the affectionate correspondence and wedding video were inconsistent with her asserted deep hostility to the appellant, aspects of the alleged charged incident raised questions about veracity, and the appellant's denials did not reveal an obvious lack of credibility. The combined effect left a reasonable doubt that the jury ought also to have experienced, so the verdict was unreasonable and could not be supported having regard to the evidence.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal entered.

Orders

  • ['Appeal allowed.' "Quash the appellant's conviction on the charge contained in the indictment against him dated 25 July 2013." 'Enter a verdict of acquittal on that charge.']