Crosland v R [2019] NSWCCA 175

Crosland v R [2019] NSWCCA 175

The acquittals on counts 1 and 7 did not render the convictions on counts 2-6 unreasonable or irreconcilable. There were rational bases for the jury to differentiate between the counts, particularly in light of evidential discrepancies, corroboration, and the nature of the allegations. On the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt of the applicant’s guilt on counts 2-6.

Parties
Applicant: Phillip Crosland; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction; Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sexual Offences, Appeal Against Conviction, Inconsistent Verdicts, Unreasonable Verdicts, Assessment of Evidence
Criminal Law Sexual Offences Appeal Against Conviction Inconsistent Verdicts Unreasonable Verdicts Assessment of Evidence

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Parties

Phillip Crosland

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction; Substantive Appeal

Legal Issues

  1. 1 Whether the verdicts of guilty on certain counts were unreasonable or could not be supported by the evidence
  2. 2 Whether verdicts of guilty were inconsistent with acquittals on other counts

Ratio Decidendi

The acquittals on counts 1 and 7 did not render the convictions on counts 2-6 unreasonable or irreconcilable. There were rational bases for the jury to differentiate between the counts, particularly in light of evidential discrepancies, corroboration, and the nature of the allegations. On the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt of the applicant’s guilt on counts 2-6.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed