Mucaj v R [2021] NSWCCA 84

The Court found that the jury's guilty verdicts on counts 1 and 3 were supported by strong objective evidence—medical and DNA—which corroborated the complainant's account of events, whereas the acquittals on counts 2 and 4 could properly be explained by differences in the elements of the offences and the relative weight of evidence. The verdicts were neither inconsistent nor unreasonable, and there was no miscarriage of justice.

Jurisdiction: Australia
Judgment Date: 03 May 2021
Procedural Posture: Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome: Leave to appeal granted; appeal dismissed
Legal Topics: ['unreasonable Verdict' 'inconsistent Verdicts' 'miscarriage of Justice' 'sexual Offences' 'credibility of Complainant']

['criminal Law'] ['unreasonable Verdict' 'inconsistent Verdicts' 'miscarriage of Justice' 'sexual Offences' 'credibility of Complainant']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

1 ['Whether the verdicts on counts 1 and 3 were inconsistent with acquittals on counts 2 and 4' 'Whether the guilty verdicts were unreasonable and could not be supported on the evidence']

Ratio Decidendi

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

['Grant the applicant leave to appeal from his convictions on counts 1 and 3 on an indictment dated 29 October 2019.' 'Dismiss the appeal.']