NW v R [2023] NSWCCA 134

The verdicts of guilty on counts 5, 6 and 7 were neither inconsistent with the acquittal on count 4 nor unreasonable, as rational explanations for the jury's decisions existed based on the evidence and the directions given; accordingly, the appeal is dismissed.

Jurisdiction: Australia
Judgment Date: 09 June 2023
Procedural Posture: Criminal Appeal / Appeal Against Conviction (leave to Appeal)
Outcome: Appeal dismissed (leave granted on both grounds, appeal dismissed on each ground)
Legal Topics: ['appeals Against Conviction' 'sexual Offences' 'inconsistent Verdicts' 'unreasonable Verdict' 'evidence Assessment' 'jury Directions']

['criminal Law'] ['appeals Against Conviction' 'sexual Offences' 'inconsistent Verdicts' 'unreasonable Verdict' 'evidence Assessment' 'jury Directions']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction (leave to Appeal)

Legal Issues

1 ['Whether the verdicts of guilty in relation to counts 5, 6, and 7 are inconsistent with the not guilty verdict on count 4' 'Whether the verdicts of guilty in relation to counts 5, 6, and 7 were unreasonable and cannot be supported having regard to the evidence']

Ratio Decidendi

Court Disposition

Appeal dismissed (leave granted on both grounds, appeal dismissed on each ground)

Orders

['Extend the time for the applicant to file his draft notice of appeal to 5 April 2022.' 'Grant leave to appeal on grounds 1 and 2, and dismiss the appeal on each ground.']