Curran v R [2020] NSWCCA 171

Curran v R [2020] NSWCCA 171

The convictions on counts 3 and 4 could not stand due to doubts regarding reliability of the complainant's memory, arising from express denial and late recollection, which should have been entertained by the jury. The remaining convictions were reasonably open to the jury based on credible and reliable evidence, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; convictions on Counts 3 and 4 quashed and verdicts of acquittal entered; sentences on Counts 1, 5, 6, and 7 imposed; appeal otherwise dismissed.
Legal Topics
['appeal Against Conviction' 'sexual Assault Offences' 'credibility of Complainant' 'miscarriage of Justice' "prosecutor's Conduct" 'unreasonable Verdicts' 'evidence Reliability' 'effect of Hypnosis' 'character Evidence']
['criminal Law'] ['appeal Against Conviction' 'sexual Assault Offences' 'credibility of Complainant' 'miscarriage of Justice' "prosecutor's Conduct" 'unreasonable Verdicts' 'evidence Reliability' 'effect of Hypnosis' 'character Evidence']

Source-derived case record

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

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the verdicts were unreasonable or unsupportable having regard to the evidence' "Whether the Crown Prosecutor's conduct in address gave rise to a miscarriage of justice" 'Whether evidence of the complainant was reliable' 'Whether acquittals on some counts affected the credibility of the complainant in respect of other counts']

Ratio Decidendi

The convictions on counts 3 and 4 could not stand due to doubts regarding reliability of the complainant's memory, arising from express denial and late recollection, which should have been entertained by the jury. The remaining convictions were reasonably open to the jury based on credible and reliable evidence, and the prosecutor's address, while improper in part, was remedied by the judge's directions and did not cause a miscarriage of justice.

Court Disposition

Appeal allowed in part; convictions on Counts 3 and 4 quashed and verdicts of acquittal entered; sentences on Counts 1, 5, 6, and 7 imposed; appeal otherwise dismissed.

Orders

  • ['Grant leave to appeal against conviction.' 'Allow the appeal against conviction in part.' 'Quash the convictions on Counts 3 and 4 of the indictment and quash the aggregate sentence imposed.' 'Enter verdicts of acquittal in respect of Counts 3 and 4.' 'Appeal otherwise dismissed.' 'In respect of Counts 1, 5, 6,...