Booth v R [2022] NSWCCA 113

Booth v R [2022] NSWCCA 113

The jury's verdicts of guilty on counts 1 and 2 were reasonably open on the evidence and were not inconsistent with the acquittals on counts 3 and 4. On the whole of the evidence, particularly AR's repeated denials of consent and supporting physical and DNA evidence, the jury could be satisfied beyond reasonable doubt that the applicant knew the victim did not consent; the verdicts did not affront logic or common sense and were not unreasonable.

Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction, Judgment on Appeal
Outcome
Leave to appeal against conviction granted. Appeal dismissed.
Legal Topics
['sexual Assault' 'appeal Against Conviction' 'inconsistent Verdicts' 'unreasonable Verdicts' 'consent' 'knowledge of Lack of Consent']
['criminal Law'] ['sexual Assault' 'appeal Against Conviction' 'inconsistent Verdicts' 'unreasonable Verdicts' 'consent' 'knowledge of Lack of Consent']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction, Judgment on Appeal

Legal Issues

  1. 1 ['Whether the verdicts of guilty on counts 1 and 2 were inconsistent with acquittals on counts 3 and 4' 'Whether the verdicts of guilty were unreasonable or could not be supported by the evidence']

Ratio Decidendi

The jury's verdicts of guilty on counts 1 and 2 were reasonably open on the evidence and were not inconsistent with the acquittals on counts 3 and 4. On the whole of the evidence, particularly AR's repeated denials of consent and supporting physical and DNA evidence, the jury could be satisfied beyond reasonable doubt that the applicant knew the victim did not consent; the verdicts did not affront logic or common sense and were not unreasonable.

Court Disposition

Leave to appeal against conviction granted. Appeal dismissed.

Orders

  • ['Leave to appeal against conviction be granted.' 'Appeal dismissed.']