R v Baird [2002] NSWCCA 460

R v Baird [2002] NSWCCA 460

The guilty verdict on the s 61J count and the not guilty verdict on the s 94 count involving Ms Sloan were not inconsistent in the relevant legal sense because the counts were of different nature and the sexual assault count was supported by substantial objective evidence. The alleged forensic and evidentiary...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 October 2002
Procedural Posture
Criminal Appeal Against Conviction / Court of Criminal Appeal Appeal From District Court Conviction
Outcome
Appeal dismissed
Legal Topics
['aggravated Sexual Assault' 'inconsistent Verdicts' 'forensic Testing' 'dna Evidence' 'tendency Evidence' 'fabrication Allegations']
['criminal Law' 'evidence'] ['aggravated Sexual Assault' 'inconsistent Verdicts' 'forensic Testing' 'dna Evidence' 'tendency Evidence' 'fabrication Allegations']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Conviction / Court of Criminal Appeal Appeal From District Court Conviction

Legal Issues

  1. 1 ['Whether the guilty verdict on the s 61J sexual assault count was unsafe because the jury acquitted the appellant on the s 94 stealing count involving the same complainant.' 'Whether the presentation of the evidence was unfair because the car was unavailable for forensic testing, there were alleged inconsistencies about a broken tooth or filling, a condom was unavailable for DNA testing for a period, DNA testing was conducted without further permission, and there was inconsistency about the knife.' 'Whether evidence was fabricated by the complainant, another Crown witness and police, particularly Constable Wiedemann, so as to make the conviction unfair.']

Ratio Decidendi

The guilty verdict on the s 61J count and the not guilty verdict on the s 94 count involving Ms Sloan were not inconsistent in the relevant legal sense because the counts were of different nature and the sexual assault count was supported by substantial objective evidence. The alleged forensic and evidentiary unfairness did not affect the safety of the verdict, and the fabrication allegations were not established. The appeal therefore failed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']