Hugo (a pseudonym) v R [2021] NSWCCA 99

Hugo (a pseudonym) v R [2021] NSWCCA 99

The acquittals on counts 2 and 5-9 necessarily indicate the jury had a doubt about S's credibility; no logical and reasonable explanation for the acquittals other than doubt about S's credibility; it was not open to the jury to be satisfied beyond reasonable doubt of applicant's guilt on count 1 given the unwillingness to convict on other counts relating to S; guilty verdict is unreasonable.

Jurisdiction
Australia
Judgment Date
17 May 2021
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; verdict of acquittal entered.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'credibility and Reliability of Complainant' 'inconsistent Verdicts']
['criminal Law'] ['appeal Against Conviction' 'unreasonable Verdict' 'credibility and Reliability of Complainant' 'inconsistent Verdicts']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction

Legal Issues

  1. 1 ['Whether guilty verdict was unreasonable having regard to inconsistency with acquittals on other counts' "Whether acquittals necessarily indicate doubt about complainant's credibility"]

Ratio Decidendi

The acquittals on counts 2 and 5-9 necessarily indicate the jury had a doubt about S's credibility; no logical and reasonable explanation for the acquittals other than doubt about S's credibility; it was not open to the jury to be satisfied beyond reasonable doubt of applicant's guilt on count 1 given the unwillingness to convict on other counts relating to S; guilty verdict is unreasonable.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal entered.

Orders

  • ['Grant leave to appeal against conviction.' 'Appeal allowed.' 'Quash the conviction of the appellant on count 1 and set aside the sentence imposed in the District Court on 8 March 2019.' 'Direct a verdict of acquittal be entered on count 1.']