Swain v R [2015] NSWCCA 176
There was a reasonable basis for the jury to distinguish between the counts upon which the applicant was convicted and the counts for which he was acquitted, arising from the presence of corroborative evidence, timely complaint, and circumstances particular to the shower incident. The guilty verdicts were open on the evidence, and the grounds of appeal asserting inconsistency and unreasonableness were not made out.
- Jurisdiction
- Australia
- Judgment Date
- 03 July 2015
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Substantive Conviction Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['sexual Offences' 'appeals' 'jury Verdicts' 'inconsistent Verdicts' 'reasonableness of Conviction']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Conviction Appeal
Legal Issues
- 1 ['Whether the jury verdicts were inconsistent between different counts' 'Whether the conviction verdicts were unreasonable or incapable of being supported by the evidence']
Ratio Decidendi
There was a reasonable basis for the jury to distinguish between the counts upon which the applicant was convicted and the counts for which he was acquitted, arising from the presence of corroborative evidence, timely complaint, and circumstances particular to the shower incident. The guilty verdicts were open on the evidence, and the grounds of appeal asserting inconsistency and unreasonableness were not made out.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal is granted.' 'The appeal is dismissed.']
Full Case Text
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