MH (a pseudonym) v R [2021] NSWCCA 230

MH (a pseudonym) v R [2021] NSWCCA 230

No miscarriage of justice was shown. The critical evidentiary issue was the gap between the intercourse and the recordings, which was consistently addressed by the applicant's own evidence. The application on appeal to recast the timeframe or reformulate the issues could not succeed; the conduct of the trial, the addresses of the Crown, and the jury directions were proper, and it was not demonstrated that the applicant lost a chance of acquittal fairly open to him.

Jurisdiction
Australia
Judgment Date
27 September 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction (nsw Court of Criminal Appeal)
Outcome
Appeal dismissed
Legal Topics
['appeals Against Conviction' 'miscarriage of Justice' 'sexual Offences' 'consent' 'evidentiary Issues' 'jury Directions']
['criminal Law'] ['appeals Against Conviction' 'miscarriage of Justice' 'sexual Offences' 'consent' 'evidentiary Issues' 'jury Directions']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction (nsw Court of Criminal Appeal)

Legal Issues

  1. 1 ['Whether there was a miscarriage of justice due to Crown submissions on video recording evidence and its relevance to consent' 'Whether the timing of video recordings vitiated the fairness of the trial or the jury’s consideration of lack of consent']

Ratio Decidendi

No miscarriage of justice was shown. The critical evidentiary issue was the gap between the intercourse and the recordings, which was consistently addressed by the applicant's own evidence. The application on appeal to recast the timeframe or reformulate the issues could not succeed; the conduct of the trial, the addresses of the Crown, and the jury directions were proper, and it was not demonstrated that the applicant lost a chance of acquittal fairly open to him.

Court Disposition

Appeal dismissed

Orders

  • ['Extend time for the filing of the notice of appeal to 8 December 2020' 'Leave to appeal granted' 'Appeal dismissed']