R v Grattan [2005] NSWCCA 306

R v Grattan [2005] NSWCCA 306

The Court held that the challenged evidence was admissible, the jury had been adequately directed, leave should not be granted to raise the unobjected complaint about the summing up, and the inconsistencies and asserted improbabilities in the complainant's evidence were matters properly left to the jury. The Crown case remained strong and the verdicts were not unsafe or unsatisfactory, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
02 September 2005
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal to the New South Wales Court of Criminal Appeal; Conviction Grounds Argued and Appeal Against Sentence Not Pursued
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'sexual Offences' 'complaint Evidence and Distress' 'uncharged Acts and Relationship Evidence' 'pre Text Telephone Conversations and Emails' 'jury Directions and Summing Up' 'unsafe and Unsatisfactory Verdict']
['criminal Law' 'evidence' 'criminal Procedure'] ['appeal Against Conviction' 'sexual Offences' 'complaint Evidence and Distress' 'uncharged Acts and Relationship Evidence' 'pre Text Telephone Conversations and Emails' 'jury Directions and Summing Up' 'unsafe and Unsatisfactory Verdict']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal to the New South Wales Court of Criminal Appeal; Conviction Grounds Argued and Appeal Against Sentence Not Pursued

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting evidence that the complainant was distressed when making complaint to KM and in directing the jury about that evidence.' 'Whether evidence of uncharged sexual acts in Queensland, including evidence from Ronald Mann, was admissible as relationship evidence.' 'Whether pre-text telephone conversations and emails were admissible or should have been excluded under s 137 of the Evidence Act 1995.' 'Whether the summing up was unfair or unbalanced because it did not adequately present the defence case.' 'Whether the verdicts were against the weight of the evidence or unsafe and unsatisfactory.']

Ratio Decidendi

The Court held that the challenged evidence was admissible, the jury had been adequately directed, leave should not be granted to raise the unobjected complaint about the summing up, and the inconsistencies and asserted improbabilities in the complainant's evidence were matters properly left to the jury. The Crown case remained strong and the verdicts were not unsafe or unsatisfactory, so the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']