Cusack v Regina [2009] NSWCCA 155

Cusack v Regina [2009] NSWCCA 155

The presence of discrepancies and some inconsistencies in the evidence did not render the verdicts unsafe or unsatisfactory; the jury was properly directed on their duty to assess the evidence and on the onus of proof. The jury was entitled to accept the evidence of the complainant and associated witnesses. The Crown's comments and the trial judge's summing up did not reverse the onus of proof, but rather gave the jury an appropriate tool to assess the complainant's credibility.

Jurisdiction
Australia
Judgment Date
04 June 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['sexual Intercourse and Related Offences' 'onus of Proof' 'jury Directions' 'unreasonable Verdict' 'evidentiary Discrepancies']
['criminal Law'] ['sexual Intercourse and Related Offences' 'onus of Proof' 'jury Directions' 'unreasonable Verdict' 'evidentiary Discrepancies']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdicts on all counts were unreasonable or unsupported by the evidence' "Whether the Crown's closing address and the trial judge's summing up unfairly reversed the onus of proof"]

Ratio Decidendi

The presence of discrepancies and some inconsistencies in the evidence did not render the verdicts unsafe or unsatisfactory; the jury was properly directed on their duty to assess the evidence and on the onus of proof. The jury was entitled to accept the evidence of the complainant and associated witnesses. The Crown's comments and the trial judge's summing up did not reverse the onus of proof, but rather gave the jury an appropriate tool to assess the complainant's credibility.

Court Disposition

appeal dismissed

Orders

  • ['Appeal is dismissed.' 'Leave to appeal on ground 5 is refused.']