Murray v R [2023] NSWCCA 79

Murray v R [2023] NSWCCA 79

The appeal was dismissed because, on the whole of the evidence and giving due weight to the jury's advantage in seeing and hearing the witnesses, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt. The jury notes showed the jurors understood and carefully considered the inconsistencies about sleeping arrangements and other matters. The complainant's account was not implausible or incredible, there were aspects of the evidence supporting its reliability, and the jury was entitled to prefer it despite discrepancies.

Jurisdiction
Australia
Judgment Date
12 April 2023
Procedural Posture
Criminal Appeal Against Conviction for Aggravated Sexual Assault / Application for Extension of Time and Leave to Appeal; Appeal Determined by the Court of Criminal Appeal
Outcome
Time to file the application for leave to appeal extended as necessary; leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Sexual Assault' 'unreasonable or Unsupported Verdict' 'jury Assessment of Credibility and Reliability' 'inconsistencies in Evidence' 'child Sexual Evidence']
['criminal Law' 'criminal Appeals' 'evidence'] ['aggravated Sexual Assault' 'unreasonable or Unsupported Verdict' 'jury Assessment of Credibility and Reliability' 'inconsistencies in Evidence' 'child Sexual Evidence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Aggravated Sexual Assault / Application for Extension of Time and Leave to Appeal; Appeal Determined by the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the jury's verdict of guilty was unreasonable or unsupported by the evidence." "Whether asserted lack of opportunity, implausibility of the complainant's account, and inconsistencies affecting credibility required the jury to have a reasonable doubt." 'Whether time should be extended and leave granted to bring the conviction appeal.']

Ratio Decidendi

The appeal was dismissed because, on the whole of the evidence and giving due weight to the jury's advantage in seeing and hearing the witnesses, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt. The jury notes showed the jurors understood and carefully considered the inconsistencies about sleeping arrangements and other matters. The complainant's account was not implausible or incredible, there were aspects of the evidence supporting its reliability, and the jury was entitled to prefer it despite discrepancies.

Court Disposition

Time to file the application for leave to appeal extended as necessary; leave to appeal granted; appeal dismissed.

Orders

  • ['Extend the time to file the application for leave to appeal as necessary;' 'Grant leave to appeal;' 'Dismiss the appeal.']