Palmer v R [2018] NSWCCA 205

Palmer v R [2018] NSWCCA 205

The jury could rationally distinguish the evidence for count 2 (sexual assault in the house after non-consent was clearly expressed) from count 3 (alleged sexual assault in the car, where circumstances made the conduct less plausible), and the trial judge’s direction to the jury on the apology in the pretext call was appropriate; thus, the appeal is dismissed, with sentence dates varied to account for time at liberty on bail.

Parties
Applicant: George Michael Palmer; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence, Court of Criminal Appeal
Outcome
Appeal dismissed; sentence commencement dates varied; leave to appeal granted for ground 1 but not for ground 2.
Legal Topics
Conviction Appeal, Inconsistent Verdicts, Jury Directions, Admission of Guilt, Appeal Procedures
Criminal Law Conviction Appeal Inconsistent Verdicts Jury Directions Admission of Guilt Appeal Procedures

Case Brief

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Parties

George Michael Palmer

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence, Court of Criminal Appeal

Legal Issues

  1. 1 Whether conviction on count 2 was unreasonable or inconsistent with acquittals on counts 1 and 3
  2. 2 Whether the trial judge erred in jury directions regarding an apology in a recorded telephone call
  3. 3 Whether leave to appeal should be granted as to directions on the apology

Ratio Decidendi

The jury could rationally distinguish the evidence for count 2 (sexual assault in the house after non-consent was clearly expressed) from count 3 (alleged sexual assault in the car, where circumstances made the conduct less plausible), and the trial judge’s direction to the jury on the apology in the pretext call was appropriate; thus, the appeal is dismissed, with sentence dates varied to account for time at liberty on bail.

Court Disposition

Appeal dismissed; sentence commencement dates varied; leave to appeal granted for ground 1 but not for ground 2.

Orders

  • With respect to ground 2, refuse the appellant leave to appeal pursuant to the Criminal Appeal Rules, r 4.
  • With respect to ground 1, grant the appellant leave to appeal.