Regina v Habib [2005] NSWCCA 223

Regina v Habib [2005] NSWCCA 223

The appeal was allowed because, on the whole of the evidence, it was not open to the jury to be satisfied beyond reasonable doubt that intercourse occurred without the complainant's consent in the manner alleged. The complainant's evidence about the physical position of the parties and the lowering of her jeans and underwear while she was straddling the appellant was uncertain and gave rise to serious doubt, and other aspects of the evidence did not remove that doubt. A miscarriage of justice occurred, making it unnecessary to determine the lies direction ground.

Jurisdiction
Australia
Judgment Date
17 June 2005
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From a District Court Conviction and Sentence
Outcome
Appeal allowed; conviction and sentence quashed; verdict of acquittal entered.
Legal Topics
['sexual Intercourse Without Consent' 'consent' 'unreasonable or Unsupported Verdict' 'miscarriage of Justice' 'jury Verdict' 'lies Direction']
['criminal Law' 'criminal Procedure' 'sexual Offences'] ['sexual Intercourse Without Consent' 'consent' 'unreasonable or Unsupported Verdict' 'miscarriage of Justice' 'jury Verdict' 'lies Direction']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From a District Court Conviction and Sentence

Legal Issues

  1. 1 ['Whether the verdict of guilty for sexual intercourse without consent was unreasonable or could not be supported having regard to the evidence.' 'Whether the trial judge erred in directing the jury with respect to lies.']

Ratio Decidendi

The appeal was allowed because, on the whole of the evidence, it was not open to the jury to be satisfied beyond reasonable doubt that intercourse occurred without the complainant's consent in the manner alleged. The complainant's evidence about the physical position of the parties and the lowering of her jeans and underwear while she was straddling the appellant was uncertain and gave rise to serious doubt, and other aspects of the evidence did not remove that doubt. A miscarriage of justice occurred, making it unnecessary to determine the lies direction ground.

Court Disposition

Appeal allowed; conviction and sentence quashed; verdict of acquittal entered.

Orders

  • ['Appeal allowed.' 'Conviction and sentence quashed.' 'Enter a verdict of acquittal.']