Donohoe v R [2017] NSWCCA 174

Donohoe v R [2017] NSWCCA 174

The verdicts of guilty were open to the jury and supported by evidence; tendency evidence properly admitted; no relevant inconsistency in verdicts; and implied admission was not obtained in course of official questioning. No error in trial judge’s analysis or application of law. Appeal dismissed.

Parties
Applicant: Robert Donohoe; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Sexual Assault, Cognitive Impairment, Tendency Evidence, Admissibility of Evidence, Unreasonable Verdicts, Separate Trials, Implied Admissions
Criminal Law Sexual Assault Cognitive Impairment Tendency Evidence Admissibility of Evidence Unreasonable Verdicts Separate Trials Implied Admissions

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Parties

Robert Donohoe

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether verdicts were unreasonable or inconsistent
  2. 2 Admissibility and prejudicial effect of tendency evidence
  3. 3 Whether trial fairness was undermined by contamination or complexity

Ratio Decidendi

The verdicts of guilty were open to the jury and supported by evidence; tendency evidence properly admitted; no relevant inconsistency in verdicts; and implied admission was not obtained in course of official questioning. No error in trial judge’s analysis or application of law. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal against conviction on all grounds except Ground 1 (in part) granted.
  • Appeal dismissed.