Jafary v R [2018] NSWCCA 243

Jafary v R [2018] NSWCCA 243

The appeal was dismissed as the jury's verdicts on counts 2 and 5 were open to them on the whole of the evidence and there were rational, non-inconsistent explanations for the not guilty verdicts on other counts that did not undermine the reasonableness of the convictions.

Jurisdiction
Australia
Judgment Date
29 October 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed after extension of time and leave to appeal granted.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'sexual Offences' 'jury Verdicts' 'evidentiary Inconsistency']
['criminal Law'] ['appeal Against Conviction' 'unreasonable Verdict' 'sexual Offences' 'jury Verdicts' 'evidentiary Inconsistency']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 ["Whether jury's verdicts on counts 2 and 5 were unreasonable" 'Whether the verdicts of guilty were inconsistent with the not guilty verdicts on other counts' "Whether complainant's evidence was capable of sustaining convictions"]

Ratio Decidendi

The appeal was dismissed as the jury's verdicts on counts 2 and 5 were open to them on the whole of the evidence and there were rational, non-inconsistent explanations for the not guilty verdicts on other counts that did not undermine the reasonableness of the convictions.

Court Disposition

Appeal dismissed after extension of time and leave to appeal granted.

Orders

  • ['Extend time to appeal to 29 June 2018.' 'Grant leave to appeal.' 'Appeal dismissed.']