Regina v Upton [2000] NSWCCA 305

Regina v Upton [2000] NSWCCA 305

The appeal was dismissed as correct jury directions were given regarding the effect of the drug, the complainant's consciousness, and the standard of proof. The verdicts were not legally inconsistent; the jury could reasonably have found the appellant guilty on the first count and not guilty on the second. The conviction was supported by the evidence.

Jurisdiction
Australia
Judgment Date
15 August 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted but appeal against sentence also dismissed.
Legal Topics
['sexual Intercourse Without Consent' 'jury Directions' 'inconsistency of Verdicts' 'circumstantial Evidence' "adequacy of Judge's Charge"]
['criminal Law'] ['sexual Intercourse Without Consent' 'jury Directions' 'inconsistency of Verdicts' 'circumstantial Evidence' "adequacy of Judge's Charge"]

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether jury directions regarding stupefying drug and complainant's consciousness were adequate" 'Whether verdicts were inconsistent on the counts of sexual intercourse without consent and administering a stupefying drug' "Whether the jury should have been directed specifically on the complainant's credibility and reliability" 'Whether the conviction was supported by the evidence']

Ratio Decidendi

The appeal was dismissed as correct jury directions were given regarding the effect of the drug, the complainant's consciousness, and the standard of proof. The verdicts were not legally inconsistent; the jury could reasonably have found the appellant guilty on the first count and not guilty on the second. The conviction was supported by the evidence.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted but appeal against sentence also dismissed.

Orders

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