Artery v R [2017] NSWCCA 259

Artery v R [2017] NSWCCA 259

The verdicts were not inconsistent. The jury could, on a logical and reasonable basis, be satisfied beyond reasonable doubt of count 1 but entertain reasonable doubt as to the penetration element required for count 2, particularly in light of the complainant's prior statements and the evidence of complaint. The applicant failed to establish that the verdicts were inconsistent so as to render the guilty verdict on count 1 unreasonable.

Jurisdiction
Australia
Judgment Date
03 November 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Determination
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['inconsistent Verdicts' 'indecent Assault' 'sexual Offence' 'application for Leave to Appeal Against Conviction']
['criminal Law'] ['inconsistent Verdicts' 'indecent Assault' 'sexual Offence' 'application for Leave to Appeal Against Conviction']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Determination

Legal Issues

  1. 1 ['Whether the verdicts of guilty on count 1 (indecent assault) and not guilty on count 2 (sexual intercourse without consent) were inconsistent' 'Whether the verdict on count 1 was unreasonable having regard to the verdict on count 2']

Ratio Decidendi

The verdicts were not inconsistent. The jury could, on a logical and reasonable basis, be satisfied beyond reasonable doubt of count 1 but entertain reasonable doubt as to the penetration element required for count 2, particularly in light of the complainant's prior statements and the evidence of complaint. The applicant failed to establish that the verdicts were inconsistent so as to render the guilty verdict on count 1 unreasonable.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']