R v MILLS [2001] NSWCCA 48

R v MILLS [2001] NSWCCA 48

The reasonable doubt as to the complainant's reliability on the third count necessarily raised doubt about her reliability on the other counts; therefore, the challenge to the guilty verdicts on the first and second counts is made out.

Jurisdiction
Australia
Judgment Date
26 February 2001
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal allowed
Legal Topics
['inconsistent Verdicts' 'sexual Offences' 'unreasonable Verdicts' 'jury Reasoning']
['criminal Law'] ['inconsistent Verdicts' 'sexual Offences' 'unreasonable Verdicts' 'jury Reasoning']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether the verdicts of guilty on two counts and acquittal on the third were inconsistent or unreasonable' 'Whether the guilty verdicts could be supported by the evidence']

Ratio Decidendi

The reasonable doubt as to the complainant's reliability on the third count necessarily raised doubt about her reliability on the other counts; therefore, the challenge to the guilty verdicts on the first and second counts is made out.

Court Disposition

Appeal allowed

Orders

  • ['Convictions and sentences on the first and second counts quashed' 'Entry of verdict of not guilty on the first and second counts directed']