BG v R [2012] NSWCCA 139

BG v R [2012] NSWCCA 139

There was ample evidence for the jury to convict; the delay and imprecision in the complainant's evidence were explained by the facts and do not undermine credibility. There was no miscarriage of justice in the discharge of the juror or in the continuation of the trial with 11 jurors, as there was insufficient evidence to conclude the discharged juror would have acquitted and no procedural error sufficient to set aside the verdict.

Parties
Applicant: BG; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed; leave to appeal granted
Legal Topics
Appeal Against Conviction, Sexual Assault Offences, Jury Procedure, Assessment of Evidence, Unreasonable Verdict, Discharge of Juror, Majority Verdicts
Criminal Law Appeal Against Conviction Sexual Assault Offences Jury Procedure Assessment of Evidence Unreasonable Verdict Discharge of Juror Majority Verdicts

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Parties

BG

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury’s verdict was unreasonable or unsupported by evidence
  2. 2 Whether there was a miscarriage of justice due to the discharge of a juror and continuation with 11 jurors

Ratio Decidendi

There was ample evidence for the jury to convict; the delay and imprecision in the complainant's evidence were explained by the facts and do not undermine credibility. There was no miscarriage of justice in the discharge of the juror or in the continuation of the trial with 11 jurors, as there was insufficient evidence to conclude the discharged juror would have acquitted and no procedural error sufficient to set aside the verdict.

Court Disposition

Appeal dismissed; leave to appeal granted

Orders

  • Grant leave to appeal.
  • Order that the appeal be dismissed.