Regina v S [2001] NSWCCA 204

Regina v S [2001] NSWCCA 204

The verdicts of guilty on counts 1, 2, and 3 were inconsistent with acquittals on counts 4, 5, and 6, given the uncorroborated evidence and inaccuracies in the complainant's testimony. This inconsistency and lack of reliability rendered the convictions unsafe and unsatisfactory, amounting to a miscarriage of justice.

Parties
Appellant: Mr S; Respondent: Regina
Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions and sentences set aside; no new trial ordered.
Legal Topics
Indecent Assault, Unsafe and Unsatisfactory Verdicts, Inconsistent Verdicts, Appeal Against Conviction
Criminal Law Indecent Assault Unsafe and Unsatisfactory Verdicts Inconsistent Verdicts Appeal Against Conviction

Case Brief

Summary, issues, holding and outcome

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Parties

Mr S

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether jury verdicts were inconsistent
  2. 2 Whether verdicts were unsafe and unsatisfactory
  3. 3 Whether there was a miscarriage of justice

Ratio Decidendi

The verdicts of guilty on counts 1, 2, and 3 were inconsistent with acquittals on counts 4, 5, and 6, given the uncorroborated evidence and inaccuracies in the complainant's testimony. This inconsistency and lack of reliability rendered the convictions unsafe and unsatisfactory, amounting to a miscarriage of justice.

Court Disposition

Appeal allowed; convictions and sentences set aside; no new trial ordered.

Orders

  • Appeal allowed
  • Convictions and sentences on charges 1, 2 and 3 set aside