Regina v Kehoe Regina v Otto [2001] NSWCCA 192

Regina v Kehoe Regina v Otto [2001] NSWCCA 192

The discovery of the video evidence fundamentally undermined the prosecution case on several counts, showing the complainants' evidence to be inaccurate or unreliable, such that no properly directed jury could exclude reasonable doubt as to the appellants' guilt; accordingly, the convictions on those counts could not stand and acquittals were entered. The only remaining conviction (count ten) was supported by corroboration and immediate complaint and was upheld.

Jurisdiction
Australia
Judgment Date
18 April 2001
Procedural Posture
Criminal Appeal / Hearing and Judgment on Appeal
Outcome
Appeals allowed in part; convictions quashed and acquittals entered on most counts; conviction upheld on one count with a new sentence imposed.
Legal Topics
['fresh Evidence' 'unsafe and Unsatisfactory Verdict' 'sex Offences' 'corroboration']
['criminal Law'] ['fresh Evidence' 'unsafe and Unsatisfactory Verdict' 'sex Offences' 'corroboration']

Case Brief

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Procedural Posture

Criminal Appeal / Hearing and Judgment on Appeal

Legal Issues

  1. 1 ['Whether fresh evidence renders the convictions unsafe or unsatisfactory' 'Whether the convictions should be quashed in light of the fresh video evidence' 'Whether the verdicts on certain counts can be sustained where evidence amounts to oath against oath' 'Whether character evidence should have been admitted on count ten']

Ratio Decidendi

The discovery of the video evidence fundamentally undermined the prosecution case on several counts, showing the complainants' evidence to be inaccurate or unreliable, such that no properly directed jury could exclude reasonable doubt as to the appellants' guilt; accordingly, the convictions on those counts could not stand and acquittals were entered. The only remaining conviction (count ten) was supported by corroboration and immediate complaint and was upheld.

Court Disposition

Appeals allowed in part; convictions quashed and acquittals entered on most counts; conviction upheld on one count with a new sentence imposed.

Orders

  • ['Appeals allowed and convictions of both appellants on all counts at the first trial quashed and verdicts of acquittal entered.' "Otto's appeal on count six allowed; verdict of acquittal entered." "Otto's appeal on count ten dismissed; conviction upheld." 'Otto sentenced to a fixed term of one month imprisonment on...