Conway v R [2010] NSWCCA 31

Conway v R [2010] NSWCCA 31

The complainant's evidence contained inconsistencies and showed difficulty understanding complex questions, but her direct evidence of the charged acts was capable of acceptance. The jury had the advantage of observing her, asked pertinent questions, and considered the evidence carefully. On the whole of the evidence, the guilty verdicts were well open to the jury and the Court did not experience any doubt about guilt that ought to have been shared by the jury.

Jurisdiction
Australia
Judgment Date
02 March 2010
Procedural Posture
Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From Convictions in the District Court
Outcome
Appeal against conviction dismissed.
Legal Topics
['indecent Assault in Circumstances of Aggravation' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'appeal Against Conviction' 'unreasonable Verdict' 'child Complainant Evidence']
['criminal Law' 'evidence' 'criminal Procedure'] ['indecent Assault in Circumstances of Aggravation' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'appeal Against Conviction' 'unreasonable Verdict' 'child Complainant Evidence']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the verdicts of guilty were unreasonable and could not be supported having regard to the evidence.']

Ratio Decidendi

The complainant's evidence contained inconsistencies and showed difficulty understanding complex questions, but her direct evidence of the charged acts was capable of acceptance. The jury had the advantage of observing her, asked pertinent questions, and considered the evidence carefully. On the whole of the evidence, the guilty verdicts were well open to the jury and the Court did not experience any doubt about guilt that ought to have been shared by the jury.

Court Disposition

Appeal against conviction dismissed.

Orders

  • ['Appeal against conviction dismissed.']