Hossain v R [2023] NSWCCA 18

Hossain v R [2023] NSWCCA 18

The appeal was dismissed because the jury's verdict of guilt for sexual intercourse without consent was reasonably open: the complainant’s core allegation was consistent, corroborated by immediate complaint, and the inconsistencies or discrepancies identified by the applicant did not undermine the reliability of the critical evidence. The verdicts were logically reconcilable, as the jury could find the applicant guilty of sexual assault beyond reasonable doubt while not being satisfied to the same standard as to choking or actual bodily harm.

Parties
Applicant: Jamal Hossain; Respondent: Rex
Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Unreasonable Verdict, Inconsistent Verdicts, Sexual Intercourse Without Consent, Assessment of Witness Credibility, Choking Offences
Criminal Law Unreasonable Verdict Inconsistent Verdicts Sexual Intercourse Without Consent Assessment of Witness Credibility Choking Offences

Case Brief

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Parties

Jamal Hossain

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the verdict of guilty on count 3 (sexual intercourse without consent) was unreasonable and unsupported by the evidence.
  2. 2 Whether the guilty verdict on count 3 was inconsistent with the verdicts of not guilty on counts 1 (choking) and 2 (aggravated sexual assault with actual bodily harm).

Ratio Decidendi

The appeal was dismissed because the jury's verdict of guilt for sexual intercourse without consent was reasonably open: the complainant’s core allegation was consistent, corroborated by immediate complaint, and the inconsistencies or discrepancies identified by the applicant did not undermine the reliability of the critical evidence. The verdicts were logically reconcilable, as the jury could find the applicant guilty of sexual assault beyond reasonable doubt while not being satisfied to the same standard as to choking or actual bodily harm.

Court Disposition

Appeal dismissed

Orders

  • Time in which to seek leave to appeal extended to 22 April 2022
  • Leave granted to appeal against conviction