Alseedi v R [2009] NSWCCA 185

Alseedi v R [2009] NSWCCA 185

It was well open to the jury, on the whole of the evidence, to be satisfied beyond reasonable doubt of the appellant's guilt; the asserted inconsistencies, discrepancies and CCTV footage did not individually or cumulatively undermine the verdict. The sentencing judge did not err in the objective assessment of the offences, but erred by giving undue weight to the appellant's continued maintenance of innocence when declining to find good prospects of rehabilitation, without proper regard to favourable matters, requiring resentencing on Count 3.

Jurisdiction
Australia
Judgment Date
16 July 2009
Procedural Posture
Criminal Law Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Appeal against conviction dismissed. Leave to appeal against sentence granted; appeal allowed. Sentences on Counts 1 and 2 upheld. Sentence on Count 3 quashed and appellant resentenced on Count 3.
Legal Topics
['conviction Appeal' 'unreasonable Verdict' 'indecent Assault' 'sexual Intercourse Without Consent' 'sentence Appeal' 'prospects of Rehabilitation']
['criminal Law'] ['conviction Appeal' 'unreasonable Verdict' 'indecent Assault' 'sexual Intercourse Without Consent' 'sentence Appeal' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Law Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether, upon the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty.' "Whether asserted inconsistencies in the complainant's evidence, discrepancies with other witnesses, and the CCTV footage made the verdict unreasonable." 'Whether the sentences for the indecent assault offences were excessive.' 'Whether the sentence for sexual intercourse without consent was excessive, including whether the sentencing judge erred in declining to find good prospects of rehabilitation.']

Ratio Decidendi

It was well open to the jury, on the whole of the evidence, to be satisfied beyond reasonable doubt of the appellant's guilt; the asserted inconsistencies, discrepancies and CCTV footage did not individually or cumulatively undermine the verdict. The sentencing judge did not err in the objective assessment of the offences, but erred by giving undue weight to the appellant's continued maintenance of innocence when declining to find good prospects of rehabilitation, without proper regard to favourable matters, requiring resentencing on Count 3.

Court Disposition

Appeal against conviction dismissed. Leave to appeal against sentence granted; appeal allowed. Sentences on Counts 1 and 2 upheld. Sentence on Count 3 quashed and appellant resentenced on Count 3.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted; appeal allowed.' 'Uphold the sentences on Counts 1 and 2. Quash the sentence pronounced on 3 October 2008 on Count 3 in the District Court. In lieu thereof sentence the appellant to imprisonment with a non-parole period of 4 years...