Peiris v R [2014] NSWCCA 58

Peiris v R [2014] NSWCCA 58

It was open for the jury to convict on Counts 1 and 3 and acquit on Count 2 due to differences in corroborative evidence and plausibility; no error was disclosed in the conviction. Material error occurred in sentence due to undue reliance on 'breach of trust' and unexplained departure from sentencing statistics, warranting resentencing with suspended sentences.

Parties
Appellant: Asela Peiris; Respondent: Regina
Jurisdiction
Australia
Judgment Date
17 April 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave granted and appeal against sentence allowed; original sentences quashed; new suspended sentences imposed.
Legal Topics
Sexual Assault, Conviction Appeal, Sentence Appeal, Aggravated Indecent Assault, Use of Testimonial Evidence, Sentencing Statistics, Breach of Trust
Criminal Law Sexual Assault Conviction Appeal Sentence Appeal Aggravated Indecent Assault Use of Testimonial Evidence Sentencing Statistics Breach of Trust

Case Brief

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Parties

Asela Peiris

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether verdicts of guilty on Counts 1 and 3 were inconsistent with acquittal on Count 2
  2. 2 Whether the verdicts of guilty were unreasonable and could not be supported
  3. 3 Whether the sentencing judge erred by not allowing a discount for assistance to authorities

Ratio Decidendi

It was open for the jury to convict on Counts 1 and 3 and acquit on Count 2 due to differences in corroborative evidence and plausibility; no error was disclosed in the conviction. Material error occurred in sentence due to undue reliance on 'breach of trust' and unexplained departure from sentencing statistics, warranting resentencing with suspended sentences.

Court Disposition

Appeal against conviction dismissed; leave granted and appeal against sentence allowed; original sentences quashed; new suspended sentences imposed.

Orders

  • Appeal against conviction dismissed.
  • Grant leave to appeal against sentence, and allow the appeal.