AZ v R [2018] NSWCCA 294
On the evidence as a whole, including the complainant’s police interviews and trial testimony, it was open to the jury to be satisfied of the applicant’s guilt beyond reasonable doubt. Variations and concessions in the complainant's trial evidence, while relevant, did not render the verdicts unsafe overall. The appeal was therefore to be dismissed.
- Parties
- Applicant: AZ; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 14 December 2018
- Procedural Posture
- Application for Leave to Appeal Against Conviction / Court of Criminal Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Against Conviction, Child Sexual Assault, Indecent Assault, Jury Verdicts, Evaluation of Evidence, Unreasonable Verdicts
Case Brief
Summary, issues, holding and outcome
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Parties
AZ
Applicant
Regina
Respondent
Procedural Posture
Application for Leave to Appeal Against Conviction / Court of Criminal Appeal
Legal Issues
- 1 Whether the convictions were unreasonable or not supported by the evidence
- 2 Whether the jury’s verdicts should stand where there were inconsistencies and concessions by complainant
- 3 Appropriateness of appellate court viewing video evidence of interviews
Ratio Decidendi
On the evidence as a whole, including the complainant’s police interviews and trial testimony, it was open to the jury to be satisfied of the applicant’s guilt beyond reasonable doubt. Variations and concessions in the complainant's trial evidence, while relevant, did not render the verdicts unsafe overall. The appeal was therefore to be dismissed.
Court Disposition
Appeal dismissed
Orders
- Leave to appeal granted
- Appeal dismissed
Full Case Text
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