R v Wiggins, Scott Lyle [2001] NSWCCA 60

R v Wiggins, Scott Lyle [2001] NSWCCA 60

Upon review of all the evidence and giving due weight to the jury's advantage in observing witnesses, the jury's verdict convicting the appellant of sexual intercourse without consent was not unreasonable; the evidence did not reveal such discrepancies or lack of probative force as to raise a significant possibility that an innocent person was convicted.

Jurisdiction
Australia
Judgment Date
15 March 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['sexual Offences' 'appeal Against Conviction' 'consent' 'unreasonable Verdict']
['criminal Law'] ['sexual Offences' 'appeal Against Conviction' 'consent' 'unreasonable Verdict']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict of the jury convicting the appellant of sexual intercourse without consent was unreasonable' 'Whether the complainant was asleep at the time of intercourse and whether consent was present' 'Whether on consideration of all evidence there was a significant possibility that an innocent person had been convicted']

Ratio Decidendi

Upon review of all the evidence and giving due weight to the jury's advantage in observing witnesses, the jury's verdict convicting the appellant of sexual intercourse without consent was not unreasonable; the evidence did not reveal such discrepancies or lack of probative force as to raise a significant possibility that an innocent person was convicted.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed; conviction upheld']