Pethybridge v R [2020] NSWCCA 185
Significant doubts arising from inconsistencies and contradictions in the evidence, particularly concerning the complainant’s reliability and the contemporaneous communications, made it not open to the jury to be satisfied beyond reasonable doubt as to the applicant’s guilt on counts 2 and 3. The guilty verdicts were set aside as unreasonable.
- Parties
- Applicant: Jack Pethybridge; Respondent: R
- Jurisdiction
- Australia
- Judgment Date
- 04 August 2020
- Procedural Posture
- Appeal Against Conviction / Court of Criminal Appeal Judgment
- Outcome
- Appeal allowed; guilty verdicts quashed and verdicts of acquittal entered
- Legal Topics
- Appeal Against Conviction, Unreasonable Verdict, Consent in Sexual Offences, Inconsistent Verdicts
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jack Pethybridge
Applicant
R
Respondent
Procedural Posture
Appeal Against Conviction / Court of Criminal Appeal Judgment
Legal Issues
- 1 Whether guilty verdicts on second and third counts are irreconcilable with acquittal on first count
- 2 Whether evidence was capable of supporting guilty verdicts
- 3 Whether verdicts of the jury were unreasonable
Ratio Decidendi
Significant doubts arising from inconsistencies and contradictions in the evidence, particularly concerning the complainant’s reliability and the contemporaneous communications, made it not open to the jury to be satisfied beyond reasonable doubt as to the applicant’s guilt on counts 2 and 3. The guilty verdicts were set aside as unreasonable.
Court Disposition
Appeal allowed; guilty verdicts quashed and verdicts of acquittal entered
Orders
- Grant leave to appeal
- Appeal allowed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment