Davis v R [2024] NSWCCA 120

Davis v R [2024] NSWCCA 120

The differences in verdicts between counts 3 and 4 were explicable by the lack of complaint evidence regarding count 4 and not based on general credibility doubts; the complainant's evidence as to counts 2 and 3 was open to be accepted by the jury, notwithstanding inconsistencies, and the verdicts of guilty were not unreasonable.

Parties
Applicant: Bradley Michael Davis; Respondent: Rex
Jurisdiction
Australia
Judgment Date
12 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction; Leave to Appeal Granted
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeals, Conviction, Inconsistent Verdicts, Unreasonable Verdicts, Sexual Offences, Child Sexual Assault
Criminal Law Appeals Conviction Inconsistent Verdicts Unreasonable Verdicts Sexual Offences Child Sexual Assault

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Parties

Bradley Michael Davis

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction; Leave to Appeal Granted

Legal Issues

  1. 1 Whether the guilty verdict on count 3 is inconsistent with the not guilty verdict on count 4
  2. 2 Whether the verdicts of guilty on counts 2 and 3 were unreasonable and cannot be supported having regard to the evidence

Ratio Decidendi

The differences in verdicts between counts 3 and 4 were explicable by the lack of complaint evidence regarding count 4 and not based on general credibility doubts; the complainant's evidence as to counts 2 and 3 was open to be accepted by the jury, notwithstanding inconsistencies, and the verdicts of guilty were not unreasonable.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed