CLC v R [2015] NSWCCA 248

CLC v R [2015] NSWCCA 248

Leave was granted, but the appeal was dismissed because the Court was not persuaded that the jury's guilty verdicts were unreasonable or unsupported by the evidence. The complainant's first interview gave a consistent account of the conduct underlying the four charges on which the applicant was convicted. The alleged inconsistencies, including the second interview and trial evidence, were largely explained by the complainant's youth, the manner of questioning, confusion about what was being asked, and the difference between recollection of what she had previously said and recollection of what occurred. The evidence of complaint to the mother and neighbour gave support to the complainant's...

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal and Appeal Against Conviction From the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['conviction Appeal' 'unreasonable Verdict' 'sexual Offences Against a Child' 'video Recorded Police Interviews' 'child Complainant Evidence' 'inconsistencies in Evidence']
['criminal Law' 'criminal Procedure' 'evidence' 'appeals'] ['conviction Appeal' 'unreasonable Verdict' 'sexual Offences Against a Child' 'video Recorded Police Interviews' 'child Complainant Evidence' 'inconsistencies in Evidence']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal and Appeal Against Conviction From the District Court

Legal Issues

  1. 1 ['Whether the verdict of the jury in respect of each charge was unreasonable and cannot be supported having regard to the evidence.' "Whether inconsistencies within and between the complainant's two video recorded police interviews and her trial evidence required the appellate court to entertain a reasonable doubt." "Whether it was necessary or appropriate for the Court of Criminal Appeal to view video recordings of the complainant's police interviews which constituted her evidence in chief."]

Ratio Decidendi

Leave was granted, but the appeal was dismissed because the Court was not persuaded that the jury's guilty verdicts were unreasonable or unsupported by the evidence. The complainant's first interview gave a consistent account of the conduct underlying the four charges on which the applicant was convicted. The alleged inconsistencies, including the second interview and trial evidence, were largely explained by the complainant's youth, the manner of questioning, confusion about what was being asked, and the difference between recollection of what she had previously said and recollection of what occurred. The evidence of complaint to the mother and neighbour gave support to the complainant's...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal.' 'Dismiss the appeal.']