REGINA v ROBERT GEORGE FITZSIMMONS [2001] NSWCCA 59
Viewing the evidence as a whole, and particularly the unsatisfactory evidence of the complainant concerning the alleged indecent assault after intercourse, the jury ought to have had a reasonable doubt in relation to the second count. The conviction for indecent assault was therefore quashed and a verdict of acquittal entered.
- Jurisdiction
- Australia
- Judgment Date
- 14 March 2001
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction From the District Court
- Outcome
- Appeal upheld; conviction quashed; verdict of acquittal entered.
- Legal Topics
- ['unreasonable Verdict' 'indecent Assault' 'sexual Offences Against Children' 'inconsistent Verdicts']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Conviction From the District Court
Legal Issues
- 1 ['Whether the jury ought to have been satisfied beyond reasonable doubt that the indecent assault count was established.' "Whether the guilty verdict on the second count should be set aside as unreasonable in light of the complainant's evidence and the evidence as a whole."]
Ratio Decidendi
Viewing the evidence as a whole, and particularly the unsatisfactory evidence of the complainant concerning the alleged indecent assault after intercourse, the jury ought to have had a reasonable doubt in relation to the second count. The conviction for indecent assault was therefore quashed and a verdict of acquittal entered.
Court Disposition
Appeal upheld; conviction quashed; verdict of acquittal entered.
Orders
- ['Appeal upheld.' 'Conviction quashed.' 'Enter verdict of acquittal.']
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