Drysdale v R [2015] NSWCCA 135

Drysdale v R [2015] NSWCCA 135

The verdicts of the jury in convicting the appellant on count 3 while acquitting him on all other counts arising from the same continuous events were irreconcilable and lacked rational explanation; thus, the conviction was unreasonable and must be set aside.

Jurisdiction
Australia
Judgment Date
10 June 2015
Procedural Posture
Criminal Appeal / Judgment on Leave and Merits
Outcome
Appeal upheld, verdict set aside, acquittal entered.
Legal Topics
['inconsistent Verdicts' 'indecent Assault' 'sexual Intercourse Without Consent' 'unreasonableness of Verdict' 'appeal Procedures']
['criminal Law'] ['inconsistent Verdicts' 'indecent Assault' 'sexual Intercourse Without Consent' 'unreasonableness of Verdict' 'appeal Procedures']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Leave and Merits

Legal Issues

  1. 1 ['Whether the guilty verdict in count 3 was unreasonable or cannot be supported given acquittals on other counts of sexual offences' 'Whether the verdicts were inconsistent and without rational explanation']

Ratio Decidendi

The verdicts of the jury in convicting the appellant on count 3 while acquitting him on all other counts arising from the same continuous events were irreconcilable and lacked rational explanation; thus, the conviction was unreasonable and must be set aside.

Court Disposition

Appeal upheld, verdict set aside, acquittal entered.

Orders

  • ['Leave to appeal granted.' 'Uphold the appeal.' 'Set aside the verdict of the jury in relation to count 3 and direct a verdict of acquittal.']