Cabot (a pseudonym) v R [2018] NSWCCA 265

Cabot (a pseudonym) v R [2018] NSWCCA 265

The appeal was dismissed because, despite inconsistencies in the child's evidence regarding detail and timing, the jury could reasonably be satisfied beyond reasonable doubt of the applicant's guilt on counts 3 and 5, the child gave inherently plausible accounts corroborated by drawings, and there was no miscarriage of justice by failure to give a unanimity direction for count 5 given the trial's conduct and the evidence presented.

Parties
Applicant: Cabot (a pseudonym); Respondent: Crown
Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Appeal Against Conviction, Indecent Assault, Unreasonable Verdict, Jury Directions, Child Testimony
Criminal Law Appeal Against Conviction Indecent Assault Unreasonable Verdict Jury Directions Child Testimony

Case Brief

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Parties

Cabot (a pseudonym)

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury's verdicts of guilt on counts 3 and 5 were unreasonable
  2. 2 Whether the trial judge failed to direct the jury to be unanimous as to the particular incident in count 5
  3. 3 Whether appeal is available under s 5(1) of the Criminal Appeal Act 1912 (NSW) absent a formal conviction

Ratio Decidendi

The appeal was dismissed because, despite inconsistencies in the child's evidence regarding detail and timing, the jury could reasonably be satisfied beyond reasonable doubt of the applicant's guilt on counts 3 and 5, the child gave inherently plausible accounts corroborated by drawings, and there was no miscarriage of justice by failure to give a unanimity direction for count 5 given the trial's conduct and the evidence presented.

Court Disposition

Appeal dismissed

Orders

  • Extend the time for the filing of a notice of appeal until 12 July 2018.
  • Grant leave to appeal on ground 1.