Maughan v R [2020] NSWCCA 51

Maughan v R [2020] NSWCCA 51

The applicant's convictions were supported by reliable and credible evidence; the complainant's evidence was not implausible or contradicted, and the jury's advantage in seeing and hearing the evidence resolved any doubt. No miscarriage of justice occurred in the manner advanced under ground 2. Leave to appeal on ground 1 granted but appeal dismissed; leave to appeal on ground 2 refused.

Parties
Applicant: Kennith Gordon Maughan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
27 March 2020
Procedural Posture
Criminal Appeal / Judgment on Application and Appeal (court of Criminal Appeal, Post Conviction)
Outcome
Appeal dismissed in respect of ground 1; leave to appeal refused in respect of ground 2
Legal Topics
Appeals Against Conviction, Indecent Assault, Sexual Assault, Unreasonable Verdict, Miscarriage of Justice, Jury Assessment, Character Evidence, Consent
Criminal Law Appeals Against Conviction Indecent Assault Sexual Assault Unreasonable Verdict Miscarriage of Justice Jury Assessment Character Evidence +1 more

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Parties

Kennith Gordon Maughan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application and Appeal (court of Criminal Appeal, Post Conviction)

Legal Issues

  1. 1 Whether the verdicts were unreasonable having regard to the evidence
  2. 2 Whether the complainant's evidence was implausible, contradicted, or unreliable
  3. 3 Whether there was a miscarriage of justice due to the Crown's address reversing onus, implying complainant's character, or bad character of applicant

Ratio Decidendi

The applicant's convictions were supported by reliable and credible evidence; the complainant's evidence was not implausible or contradicted, and the jury's advantage in seeing and hearing the evidence resolved any doubt. No miscarriage of justice occurred in the manner advanced under ground 2. Leave to appeal on ground 1 granted but appeal dismissed; leave to appeal on ground 2 refused.

Court Disposition

Appeal dismissed in respect of ground 1; leave to appeal refused in respect of ground 2

Orders

  • Grant leave to appeal in respect of ground 1
  • Dismiss the appeal in respect of ground 1