CJG v Regina [2007] NSWCCA 190

CJG v Regina [2007] NSWCCA 190

The appeal against conviction was dismissed because the jury were entitled, having seen the complainant's video evidence and been given proper judicial directions, to regard her as credible on the counts where the appellant was convicted, and the guilty verdicts were not unreasonable or unsupported by the evidence.

Parties
Appellant: CJG; Respondent/crown: Regina
Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Sexual Offences, Indecent Assault, Unreasonableness of Verdict, Jury Directions
Criminal Law Sexual Offences Indecent Assault Unreasonableness of Verdict Jury Directions

Case Brief

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Parties

CJG

Appellant

Regina

Respondent/crown

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether guilty verdicts on counts of aggravated indecent assault were unreasonable and not supported by the evidence
  2. 2 Whether there was inconsistency between verdicts of guilty and not guilty on various counts
  3. 3 Whether complainant's credibility was so damaged that the verdicts could not safely be sustained

Ratio Decidendi

The appeal against conviction was dismissed because the jury were entitled, having seen the complainant's video evidence and been given proper judicial directions, to regard her as credible on the counts where the appellant was convicted, and the guilty verdicts were not unreasonable or unsupported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal against conviction dismissed