Shiv v R [2021] NSWCCA 245

Shiv v R [2021] NSWCCA 245

The guilty verdict on count 2 for sexual intercourse without consent was unreasonable and cannot stand, as it is irreconcilable with the not guilty verdict on count 4, given the complainant’s unequivocal evidence for both counts, the stronger corroborative evidence for count 4, and absence of rational explanation to distinguish the counts except doubt about the complainant’s reliability and credibility.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Court of Criminal Appeal NSW
Outcome
Appeal allowed, conviction quashed, verdict of acquittal entered on count 2
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'inconsistent Verdicts' 'indecent Assault' 'sexual Intercourse Without Consent']
['criminal Law'] ['appeal Against Conviction' 'unreasonable Verdict' 'inconsistent Verdicts' 'indecent Assault' 'sexual Intercourse Without Consent']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction, Court of Criminal Appeal NSW

Legal Issues

  1. 1 ['Whether the guilty verdict on count 2 (sexual intercourse without consent) is irreconcilable with acquittals on counts 1, 4, 5, and 6' 'Whether the guilty verdict is unreasonable in light of the jury’s other verdicts' 'Whether the jury direction about doubts regarding the complainant’s credibility and reliability was adequate']

Ratio Decidendi

The guilty verdict on count 2 for sexual intercourse without consent was unreasonable and cannot stand, as it is irreconcilable with the not guilty verdict on count 4, given the complainant’s unequivocal evidence for both counts, the stronger corroborative evidence for count 4, and absence of rational explanation to distinguish the counts except doubt about the complainant’s reliability and credibility.

Court Disposition

Appeal allowed, conviction quashed, verdict of acquittal entered on count 2

Orders

  • ['Grant leave to appeal confined to ground 1 of the notice of appeal' 'Appeal allowed' 'Quash the conviction on count 2 entered on 4 August 2020' 'Enter a verdict of acquittal on count 2']