Liu v R [2020] NSWCCA 100

Liu v R [2020] NSWCCA 100

The Court held that it was open to the jury to find the applicant guilty beyond reasonable doubt on all three charges. The jury was entitled to accept the complainant's account of non-consent, reject the applicant’s explanations and the financial motivation theory, and resolve any inconsistencies as not undermining the credibility of the complainant’s essential evidence regarding lack of consent.

Jurisdiction
Australia
Judgment Date
21 May 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'sexual Offences' 'unreasonable Verdict' 'consent']
['criminal Law'] ['appeal Against Conviction' 'sexual Offences' 'unreasonable Verdict' 'consent']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction and Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict was unreasonable and cannot be supported having regard to the evidence']

Ratio Decidendi

The Court held that it was open to the jury to find the applicant guilty beyond reasonable doubt on all three charges. The jury was entitled to accept the complainant's account of non-consent, reject the applicant’s explanations and the financial motivation theory, and resolve any inconsistencies as not undermining the credibility of the complainant’s essential evidence regarding lack of consent.

Court Disposition

Appeal dismissed

Orders

  • ['Time is extended for the filing of the application for leave to appeal up to and including 4 December 2019.' 'Leave to appeal granted.' 'Appeal dismissed.']