CR v R [2017] NSWCCA 29

CR v R [2017] NSWCCA 29

It was open to the jury to find beyond reasonable doubt that the applicant committed the offences with which he was charged. The complainant's evidence was sufficient for conviction, challenges to reliability and corroboration did not render the verdict unreasonable, and the orders granting leave but dismissing the appeal were appropriate.

Jurisdiction
Australia
Judgment Date
14 March 2017
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction; Appellate Decision
Outcome
Leave to appeal against conviction granted; appeal dismissed.
Legal Topics
['sexual Offences' 'appeals' 'unreasonable Verdict' 'child Witness' 'corroboration']
['criminal Law'] ['sexual Offences' 'appeals' 'unreasonable Verdict' 'child Witness' 'corroboration']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction; Appellate Decision

Legal Issues

  1. 1 ['Whether verdict unreasonable or cannot be supported by the evidence' "Whether inconsistencies or implausibility in complainant's testimony" 'Whether lack of corroboration undermines prosecution case' 'Whether penetrative act occurred as required for conviction']

Ratio Decidendi

It was open to the jury to find beyond reasonable doubt that the applicant committed the offences with which he was charged. The complainant's evidence was sufficient for conviction, challenges to reliability and corroboration did not render the verdict unreasonable, and the orders granting leave but dismissing the appeal were appropriate.

Court Disposition

Leave to appeal against conviction granted; appeal dismissed.

Orders

  • ['Leave to appeal against conviction granted.' 'Appeal dismissed.']