DD v R [2010] NSWCCA 237

DD v R [2010] NSWCCA 237

The Court found that the jury's verdicts could be logically and reasonably reconciled with the evidence, as the jury could have found support for the convicted counts and reasonable doubt for the others. There was a sufficient basis in the evidence for the Crown to submit that the appellant acted from sexual frustration. No miscarriage of justice was demonstrated, and both grounds of appeal failed.

Parties
Appellant: DD; Respondent: Regina
Jurisdiction
Australia
Judgment Date
26 October 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Appeal Against Conviction, Sexual Assault, Inconsistent Jury Verdicts, Jury Directions, Evidentiary Issues
Criminal Law Appeal Against Conviction Sexual Assault Inconsistent Jury Verdicts Jury Directions Evidentiary Issues

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DD

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury's verdicts were inconsistent and unreasonable such that the convictions cannot stand
  2. 2 Whether the trial judge erred in failing to direct the jury that the Crown's submission about the appellant's sexual frustration was unsupported by the evidence

Ratio Decidendi

The Court found that the jury's verdicts could be logically and reasonably reconciled with the evidence, as the jury could have found support for the convicted counts and reasonable doubt for the others. There was a sufficient basis in the evidence for the Crown to submit that the appellant acted from sexual frustration. No miscarriage of justice was demonstrated, and both grounds of appeal failed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed