Kazantzis v R [2020] NSWCCA 161

Kazantzis v R [2020] NSWCCA 161

It was open to the jury to conclude, on the evidence, that the applicant was aware the complainant had withdrawn her consent during anal intercourse on 18 February 2016 and continued regardless, supporting the finding of guilt. The verdict was not unreasonable or unsupportable; the applicant did not establish a miscarriage of justice.

Parties
Applicant: Michael Kazantzis; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
16 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeals Against Conviction, Sexual Assault, Recklessness and Consent, Unreasonable Verdicts, Jury Directions
Criminal Law Appeals Against Conviction Sexual Assault Recklessness and Consent Unreasonable Verdicts Jury Directions

Case Brief

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Parties

Michael Kazantzis

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury's verdict on count 2 (sexual intercourse without consent) was unreasonable or unsupportable having regard to the evidence

Ratio Decidendi

It was open to the jury to conclude, on the evidence, that the applicant was aware the complainant had withdrawn her consent during anal intercourse on 18 February 2016 and continued regardless, supporting the finding of guilt. The verdict was not unreasonable or unsupportable; the applicant did not establish a miscarriage of justice.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.