R v Wong [2000] NSWCCA 461

R v Wong [2000] NSWCCA 461

Although the complainant changed her evidence about the first count, her evidence about the key incident forming the second count was consistent and direct, was supported by her immediate complaint and demeanour observed by her carer, and the change in evidence on the first count was explicable by the sequence of cross-examination. It was not established that her evidence on the second count was so tainted that the jury's acceptance of it was unreasonable or illogical; therefore the verdict was not unsafe or unjust.

Jurisdiction
Australia
Judgment Date
03 November 2000
Procedural Posture
Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From a District Court Conviction
Outcome
Appeal dismissed
Legal Topics
['non Consensual Sexual Intercourse' 'unsafe or Unsatisfactory Verdict' 'withdrawal of Count From Jury' 'complainant With Intellectual Disability' 'recent Complaint' 'jury Verdicts']
['criminal Law' 'evidence'] ['non Consensual Sexual Intercourse' 'unsafe or Unsatisfactory Verdict' 'withdrawal of Count From Jury' 'complainant With Intellectual Disability' 'recent Complaint' 'jury Verdicts']

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 Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From a District Court Conviction

Legal Issues

  1. 1 ['Whether the conviction on the second count was unsafe or unsatisfactory where the first count was withdrawn from the jury after the complainant changed her evidence in cross-examination.' "Whether, on the whole of the evidence, it was unreasonable or illogical for the jury to accept the complainant's evidence about the key incident and find the appellant guilty beyond reasonable doubt."]

Ratio Decidendi

Although the complainant changed her evidence about the first count, her evidence about the key incident forming the second count was consistent and direct, was supported by her immediate complaint and demeanour observed by her carer, and the change in evidence on the first count was explicable by the sequence of cross-examination. It was not established that her evidence on the second count was so tainted that the jury's acceptance of it was unreasonable or illogical; therefore the verdict was not unsafe or unjust.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']