RM v R [2024] NSWCCA 148

RM v R [2024] NSWCCA 148

Except for count 5, it was open to the jury to be satisfied of guilt on all counts; evidence did not establish beyond reasonable doubt that complainant was under 14 at time of count 5. The conviction for count 5 was quashed and replaced by conviction for statutory alternative under s 66C(4) Crimes Act 1900 (NSW), respecting authorities and statutory provisions.

Jurisdiction
Australia
Judgment Date
07 August 2024
Procedural Posture
Criminal Appeal / Leave to Appeal and Judgment
Outcome
Appeal allowed in respect of count 5 (leave granted); conviction for count 5 quashed and replaced with conviction for statutory alternative; appeal otherwise dismissed.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'sexual Offences' 'child Sexual Assault' 'statutory Alternative Offences']
['criminal Law'] ['appeal Against Conviction' 'unreasonable Verdict' 'sexual Offences' 'child Sexual Assault' 'statutory Alternative Offences']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Judgment

Legal Issues

  1. 1 ['Whether the verdicts of guilty on 11 counts of sexual offences were unreasonable and unsupported by the evidence' 'Whether the conviction in respect of count 5 (aggravated sexual intercourse with child under 14) was unreasonable' 'Effect of quashing count 5 and substituting conviction for statutory alternative under s 66C(4) Crimes Act 1900 (NSW)']

Ratio Decidendi

Except for count 5, it was open to the jury to be satisfied of guilt on all counts; evidence did not establish beyond reasonable doubt that complainant was under 14 at time of count 5. The conviction for count 5 was quashed and replaced by conviction for statutory alternative under s 66C(4) Crimes Act 1900 (NSW), respecting authorities and statutory provisions.

Court Disposition

Appeal allowed in respect of count 5 (leave granted); conviction for count 5 quashed and replaced with conviction for statutory alternative; appeal otherwise dismissed.

Orders

  • ['Grant leave to appeal and allow the appeal against the conviction in respect of count 5.' 'Set aside the conviction in respect of count 5 and convict the applicant of an offence contrary to s 66C(4) Crimes Act 1900 (NSW) as statutory alternative.' 'Dismiss the appeal in all other respects.' 'Remit the matter to...