PG v Regina [2010] NSWCCA 216

PG v Regina [2010] NSWCCA 216

The appeal was dismissed because the jury had been properly directed to give separate consideration to each count, their verdicts were not inconsistent, and it was open to them to prefer the evidence of one expert witness over another. There was no legal or factual error in upholding the guilty verdicts notwithstanding not guilty verdicts on other counts; the appellant's contentions were not supported by law or the evidence.

Parties
Appellant: PG; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 September 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed
Legal Topics
Inconsistent Verdicts, Sexual Assault, Assessment of Complainant Evidence, Competing Medical Evidence
Criminal Law Inconsistent Verdicts Sexual Assault Assessment of Complainant Evidence Competing Medical Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

PG

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the verdicts of guilty were unreasonable or could not be supported in light of not guilty verdicts on related counts
  2. 2 Whether verdicts of guilty are inconsistent given the different verdicts on closely related counts involving the same complainant(s)
  3. 3 Whether the jury's acceptance of one medical expert's testimony over another amounted to error

Ratio Decidendi

The appeal was dismissed because the jury had been properly directed to give separate consideration to each count, their verdicts were not inconsistent, and it was open to them to prefer the evidence of one expert witness over another. There was no legal or factual error in upholding the guilty verdicts notwithstanding not guilty verdicts on other counts; the appellant's contentions were not supported by law or the evidence.

Court Disposition

Appeal against conviction dismissed

Orders

  • The appeal against conviction is dismissed.