ND v R [2017] NSWCCA 70

ND v R [2017] NSWCCA 70

The asserted inconsistencies largely concerned peripheral matters such as age, pregnancy, transport, timing, television programming, and the circumstances of complaint, while the complainant's account of the offending itself remained consistent. The alibi evidence was effectively challenged and SD's evidence was rejected as unreliable. Giving appropriate weight to the jury's advantage in seeing and hearing the witnesses, the Court was satisfied that it was open to the jury, on the whole of the evidence, to find the applicant guilty beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
13 April 2017
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction and Appeal
Outcome
Leave to appeal against conviction granted; appeal dismissed.
Legal Topics
['sexual Intercourse With a Child Under 10' 'unreasonable Verdict' 'conviction Appeal' 'assessment of Complainant Reliability' 'jury Advantage in Seeing and Hearing Witnesses']
['criminal Law'] ['sexual Intercourse With a Child Under 10' 'unreasonable Verdict' 'conviction Appeal' 'assessment of Complainant Reliability' 'jury Advantage in Seeing and Hearing Witnesses']

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction and Appeal

Legal Issues

  1. 1 ['Whether the verdict was unreasonable or could not be supported having regard to the evidence.' "Whether inconsistencies in the complainant's evidence and between Crown witnesses required the jury to have a reasonable doubt." 'Whether it was open to the jury to be satisfied beyond reasonable doubt that the offence occurred on 14 September 2004.']

Ratio Decidendi

The asserted inconsistencies largely concerned peripheral matters such as age, pregnancy, transport, timing, television programming, and the circumstances of complaint, while the complainant's account of the offending itself remained consistent. The alibi evidence was effectively challenged and SD's evidence was rejected as unreliable. Giving appropriate weight to the jury's advantage in seeing and hearing the witnesses, the Court was satisfied that it was open to the jury, on the whole of the evidence, to find the applicant guilty beyond reasonable doubt.

Court Disposition

Leave to appeal against conviction granted; appeal dismissed.

Orders

  • ['Leave to appeal against conviction be granted.' 'The appeal is dismissed.']