REGINA v COX [1999] NSWCCA 62

REGINA v COX [1999] NSWCCA 62

The convictions are unsafe and unreasonable because the jury's verdicts on counts one and two cannot be reconciled with the acquittal on count three, given the evidence and the lack of basis for distinguishing the counts; convictions must be quashed.

Parties
Appellant/respondent: Regina; Respondent/appellant: Kevin Nicholas Cox
Jurisdiction
Australia
Judgment Date
31 March 1999
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeal Against Convictions and Crown Appeal Against Sentences
Outcome
Appeal against convictions allowed; convictions quashed; Crown appeal against sentence does not arise.
Legal Topics
Inconsistent Verdicts, Unreasonable Verdicts, Indecent Assault, Delay in Prosecution, Standard of Proof, Directions to Jury, Credibility, Evidentiary Issues
Criminal Law Inconsistent Verdicts Unreasonable Verdicts Indecent Assault Delay in Prosecution Standard of Proof Directions to Jury Credibility +1 more

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Parties

Regina

Appellant/respondent

Kevin Nicholas Cox

Respondent/appellant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Appeal Against Convictions and Crown Appeal Against Sentences

Legal Issues

  1. 1 Whether the verdicts of the jury were inconsistent and therefore unreasonable
  2. 2 Whether the convictions can be supported having regard to the evidence
  3. 3 Whether the delay in prosecution affected fairness

Ratio Decidendi

The convictions are unsafe and unreasonable because the jury's verdicts on counts one and two cannot be reconciled with the acquittal on count three, given the evidence and the lack of basis for distinguishing the counts; convictions must be quashed.

Court Disposition

Appeal against convictions allowed; convictions quashed; Crown appeal against sentence does not arise.

Orders

  • Convictions quashed
  • Appeal allowed