Rao v R [2019] NSWCCA 290

Rao v R [2019] NSWCCA 290

The jury was entitled to accept the complainant's evidence as credible and reliable notwithstanding alleged inconsistencies, delay and post-offence conduct; on the whole of the evidence, there was sufficient support for the verdict beyond reasonable doubt, and the conviction should stand.

Parties
Appellant: Mr Vaish Rao; Respondent: Crown
Jurisdiction
Australia
Judgment Date
09 December 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Leave to appeal granted; appeal against conviction dismissed; sentence commencement date varied to reflect time spent on bail; other orders made per District Court decision as varied.
Legal Topics
Appeals Against Conviction, Unreasonable Verdict, Sexual Offences, Assessment of Evidence, Delay in Complaint, Credibility of Complainant, Good Character Evidence
Criminal Law Appeals Against Conviction Unreasonable Verdict Sexual Offences Assessment of Evidence Delay in Complaint Credibility of Complainant Good Character Evidence

Case Brief

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Parties

Mr Vaish Rao

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the jury's verdict was unreasonable and cannot be supported by the evidence
  2. 2 Whether inconsistencies and delay in report undermined complainant’s credibility
  3. 3 Whether the post-offence conduct was inconsistent with the complainant’s account

Ratio Decidendi

The jury was entitled to accept the complainant's evidence as credible and reliable notwithstanding alleged inconsistencies, delay and post-offence conduct; on the whole of the evidence, there was sufficient support for the verdict beyond reasonable doubt, and the conviction should stand.

Court Disposition

Leave to appeal granted; appeal against conviction dismissed; sentence commencement date varied to reflect time spent on bail; other orders made per District Court decision as varied.

Orders

  • Leave to appeal granted
  • Appeal against conviction on counts 1, 2, 3, and 4 dismissed