R v GWM [2001] NSWCCA 267

R v GWM [2001] NSWCCA 267

The convictions and sentences on counts 1 and 3 cannot stand given the jury's reasonable doubt on count 2; there is no justification for considering the complainant's evidence more reliable on counts 1 and 3, so the appeal should be allowed and acquittal entered.

Jurisdiction
Australia
Judgment Date
12 July 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed
Legal Topics
['sexual Offences' 'uncorroborated Evidence' 'inconsistent Verdicts' 'appeal Against Conviction']
['criminal Law'] ['sexual Offences' 'uncorroborated Evidence' 'inconsistent Verdicts' 'appeal Against Conviction']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether verdicts of guilty in relation to counts 1 and 3 are inconsistent with verdicts of not guilty in counts 2 and 4' 'Whether the guilty verdicts are unreasonable and cannot be supported by the evidence']

Ratio Decidendi

The convictions and sentences on counts 1 and 3 cannot stand given the jury's reasonable doubt on count 2; there is no justification for considering the complainant's evidence more reliable on counts 1 and 3, so the appeal should be allowed and acquittal entered.

Court Disposition

Appeal allowed

Orders

  • ['Convictions and sentences on first and third counts quashed' 'Judgment and verdict of acquittal entered on each of those counts']