Neto v R [2020] NSWCCA 128

Neto v R [2020] NSWCCA 128

The asserted weaknesses and inconsistencies in the complainant's evidence were not matters the jury would have been unable to assess without further judicial guidance. The trial judge sufficiently directed the jury that the complainant was the crucial Crown witness, that credibility issues had arisen, and that the jury should consider weaknesses or deficiencies in her evidence. No miscarriage of justice was established by the absence of a Murray direction. On the whole of the evidence, including the complainant's detailed account, prompt complaint, maintenance of the complaint and report to police the following day, it was plainly open to the jury to accept her evidence in essential...

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Application for Leave to Appeal Against Conviction / Court of Criminal Appeal From District Court of New South Wales Convictions
Outcome
Leave to appeal refused on grounds 1 and 2; leave granted on ground 3; appeal dismissed.
Legal Topics
['sexual Intercourse Without Consent' 'common Assault' 'murray Direction' 'unreasonable Verdict' 'jury Directions' 'complainant Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['sexual Intercourse Without Consent' 'common Assault' 'murray Direction' 'unreasonable Verdict' 'jury Directions' 'complainant Evidence']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Conviction / Court of Criminal Appeal From District Court of New South Wales Convictions

Legal Issues

  1. 1 ['Whether the failure of the trial judge to give a Murray direction generally amounted to an error of law or miscarriage of justice.' 'Whether, in the alternative, the failure to give a Murray direction with respect to the common assault count amounted to an error of law or miscarriage of justice.' "Whether the jury's verdicts were unreasonable and could not be supported by the evidence."]

Ratio Decidendi

The asserted weaknesses and inconsistencies in the complainant's evidence were not matters the jury would have been unable to assess without further judicial guidance. The trial judge sufficiently directed the jury that the complainant was the crucial Crown witness, that credibility issues had arisen, and that the jury should consider weaknesses or deficiencies in her evidence. No miscarriage of justice was established by the absence of a Murray direction. On the whole of the evidence, including the complainant's detailed account, prompt complaint, maintenance of the complaint and report to police the following day, it was plainly open to the jury to accept her evidence in essential...

Court Disposition

Leave to appeal refused on grounds 1 and 2; leave granted on ground 3; appeal dismissed.

Orders

  • ['Refuse leave to appeal with respect to grounds 1 and 2.' 'Grant the applicant leave to appeal, limited to ground 3.' 'Dismiss the appeal.']