R v Bragias [2016] NSWCCA 219

R v Bragias [2016] NSWCCA 219

The conviction was not unreasonable because the complainant's and Ms McMahon's police statements, admitted for their truth, gave a coherent and realistic account of an assault and taking of the car, corroborated by the complainant's immediate SMS messages, prompt complaint, visible distress, injury recorded by police and ambulance officers, hospital treatment, and other evidence. The admitted lie about Mr Thornton's presence had a plausible explanation and did not undermine the compelling core account. The alternative collateral account was open to rejection, and the jury also had an advantage in assessing the witnesses' demeanour and claimed amnesia. The Court was not persuaded that the...

Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction in the Court of Criminal Appeal From the District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['conviction Appeal' 'unreasonable Verdict' 'taking a Motor Vehicle With Assault' 'assessment of Witness Credibility' 'prior Statements Admitted for Truth' 'jury Advantage in Seeing and Hearing Witnesses']
['criminal Law' 'criminal Procedure' 'evidence'] ['conviction Appeal' 'unreasonable Verdict' 'taking a Motor Vehicle With Assault' 'assessment of Witness Credibility' 'prior Statements Admitted for Truth' 'jury Advantage in Seeing and Hearing Witnesses']

Case Brief

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 Conviction Appeal / Application for Leave to Appeal Against Conviction in the Court of Criminal Appeal From the District Court of NSW

Legal Issues

  1. 1 ['Whether the verdict of guilty of taking a motor vehicle with assault was unreasonable, or could not be supported, having regard to the evidence.' "Whether the complainant's admitted lies and claimed amnesia, and the claimed amnesia of his girlfriend, made the Crown case unsafe." "Whether the jury's advantage in seeing and hearing witnesses affected the appellate assessment of the evidence."]

Ratio Decidendi

The conviction was not unreasonable because the complainant's and Ms McMahon's police statements, admitted for their truth, gave a coherent and realistic account of an assault and taking of the car, corroborated by the complainant's immediate SMS messages, prompt complaint, visible distress, injury recorded by police and ambulance officers, hospital treatment, and other evidence. The admitted lie about Mr Thornton's presence had a plausible explanation and did not undermine the compelling core account. The alternative collateral account was open to rejection, and the jury also had an advantage in assessing the witnesses' demeanour and claimed amnesia. The Court was not persuaded that the...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']