BF v R [2019] NSWCCA 321

BF v R [2019] NSWCCA 321

The jury's guilty verdicts on counts 4, 5 and 6 were reasonably open to it and the acquittals on the remaining counts were not inconsistent, as there were logical and reasonable explanations for the differential verdicts, including greater objective evidentiary support and the nature of the acts which distinguished them from the acquitted counts.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Criminal Appeal / Leave to Appeal and Final Determination
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['unreasonable Verdict' 'inconsistent Verdicts' 'sexual and Violent Offences' 'suppression Orders' 'credibility' 'jury Reasoning']
['criminal Law'] ['unreasonable Verdict' 'inconsistent Verdicts' 'sexual and Violent Offences' 'suppression Orders' 'credibility' 'jury Reasoning']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Final Determination

Legal Issues

  1. 1 ['Whether the verdicts of guilty on counts 4, 5 and 6 were unreasonable or could not be supported having regard to the evidence' "Whether the jury's verdicts of not guilty on ten counts and guilty on three others are inconsistent"]

Ratio Decidendi

The jury's guilty verdicts on counts 4, 5 and 6 were reasonably open to it and the acquittals on the remaining counts were not inconsistent, as there were logical and reasonable explanations for the differential verdicts, including greater objective evidentiary support and the nature of the acts which distinguished them from the acquitted counts.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['In lieu of the suppression order made in the District Court on 12 June 2018, order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) prohibiting publication of any information tending to reveal the identity of the complainant, applicant, their children, witnesses or persons named...