IW v R [2019] NSWCCA 311

IW v R [2019] NSWCCA 311

The appeal was allowed because the trial miscarried due to impermissible and unfair Crown cross-examination on the appellant's character, erroneous and inadequate jury directions concerning character evidence, complaint evidence, and replayed evidence, and because the verdicts were unreasonable and could not be supported on the evidence given significant doubts as to the complainant's reliability and credibility in light of inconsistencies, objective evidence, and significant good character evidence for the appellant.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction From the District Court of NSW
Outcome
Appeal allowed. Convictions and sentences quashed. Acquittals entered for both counts.
Legal Topics
['evidence' 'admissibility' 'credibility' 'criminal Appeals' 'jury Directions' 'child Sexual Offences' 'character Evidence']
['criminal Law'] ['evidence' 'admissibility' 'credibility' 'criminal Appeals' 'jury Directions' 'child Sexual Offences' 'character Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction From the District Court of NSW

Legal Issues

  1. 1 ['Whether cross-examination of the appellant on character evidence was permissible under the Evidence Act 1995 (NSW) without leave' "Whether directions to the jury on good character, complaint, and replaying of complainant's evidence were erroneous or inadequate" 'Whether verdicts were unreasonable based on evidence' 'Adequacy of directions regarding the onus and standard of proof']

Ratio Decidendi

The appeal was allowed because the trial miscarried due to impermissible and unfair Crown cross-examination on the appellant's character, erroneous and inadequate jury directions concerning character evidence, complaint evidence, and replayed evidence, and because the verdicts were unreasonable and could not be supported on the evidence given significant doubts as to the complainant's reliability and credibility in light of inconsistencies, objective evidence, and significant good character evidence for the appellant.

Court Disposition

Appeal allowed. Convictions and sentences quashed. Acquittals entered for both counts.

Orders

  • ['The appeal against conviction is allowed.' 'The convictions recorded against the appellant are quashed.' 'The sentences imposed upon the appellant are quashed.' 'Verdicts of acquittal are entered in respect of each of counts 1 and 2.']