Lenior v R [2023] NSWCCA 242

Lenior v R [2023] NSWCCA 242

There is a rational and logical explanation for the different verdicts. It was open to the jury to conclude, based on the complainant's own evidence and complaints, that the applicant may have perceived consent or lacked knowledge as to non-consent for the earlier incidents (counts 1 and 2), but not for counts 3, 4 and 5 where greater resistance and clearer non-consent were expressed. Thus, the verdicts are not unreasonable or inconsistent and the appeal must be dismissed.

Parties
Applicant: Oscar Harrison Lenior; Respondent: Rex
Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction (court of Criminal Appeal, Supreme Court of Nsw)
Outcome
Appeal dismissed
Legal Topics
Appeals, Inconsistent Verdicts, Sexual Offences, Consent, Jury Directions
Criminal Law Appeals Inconsistent Verdicts Sexual Offences Consent Jury Directions

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Parties

Oscar Harrison Lenior

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction (court of Criminal Appeal, Supreme Court of Nsw)

Legal Issues

  1. 1 Whether verdicts of guilty on some counts are inconsistent with verdicts of acquittal on other counts and therefore unreasonable
  2. 2 Whether the jury's verdicts can be logically and rationally explained given the evidence and directions

Ratio Decidendi

There is a rational and logical explanation for the different verdicts. It was open to the jury to conclude, based on the complainant's own evidence and complaints, that the applicant may have perceived consent or lacked knowledge as to non-consent for the earlier incidents (counts 1 and 2), but not for counts 3, 4 and 5 where greater resistance and clearer non-consent were expressed. Thus, the verdicts are not unreasonable or inconsistent and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Applicant granted leave to appeal.
  • Appeal dismissed.