Regina v Jason Gordon O'Donnell [2000] NSWCCA 338

Regina v Jason Gordon O'Donnell [2000] NSWCCA 338

The guilty verdicts were open on the evidence. The jury's acquittals on the aggravated counts did not require the conclusion that the complainant was wholly lacking in credit; the jury was entitled to be unconvinced beyond reasonable doubt about aggravation while accepting the sexual assault and indecency allegations, which were supported by other evidence. The matters relied on by the appellant did not show that the jury ought to have had a reasonable doubt or that there was a miscarriage of justice. The sentence appeal was not pressed.

Jurisdiction
Australia
Judgment Date
17 August 2000
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From the District Court
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
['sexual Assault' 'appeal Against Conviction' 'unsafe and Unsatisfactory Verdict' 'unreasonable Conviction' 'miscarriage of Justice' 'leave to Appeal Against Sentence']
['criminal Law'] ['sexual Assault' 'appeal Against Conviction' 'unsafe and Unsatisfactory Verdict' 'unreasonable Conviction' 'miscarriage of Justice' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From the District Court

Legal Issues

  1. 1 ["Whether the jury's verdicts were unreasonable or could not be supported by the evidence." "Whether the alleged unreliability and inconsistency of the complainant's evidence meant the jury ought to have had a reasonable doubt as to guilt." 'Whether there had been a miscarriage of justice.' 'Whether leave to appeal against sentence should be granted when the sentence appeal was not pressed.']

Ratio Decidendi

The guilty verdicts were open on the evidence. The jury's acquittals on the aggravated counts did not require the conclusion that the complainant was wholly lacking in credit; the jury was entitled to be unconvinced beyond reasonable doubt about aggravation while accepting the sexual assault and indecency allegations, which were supported by other evidence. The matters relied on by the appellant did not show that the jury ought to have had a reasonable doubt or that there was a miscarriage of justice. The sentence appeal was not pressed.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence refused.

Orders

  • ['The appeal is dismissed.' 'Leave to appeal against sentence is refused.']