Goundar v R [2024] NSWCCA 45

Goundar v R [2024] NSWCCA 45

There was no miscarriage of justice in the trial judge's directions concerning complaint evidence, as the act relied on was made clear and inconsistencies were properly before the jury; the verdict was not unreasonable as the complainant's central allegation was consistent and appropriately assessed by the jury despite discrepancies explicable by intoxication; and the directions given sufficiently directed the jury to consider the reliability and truthfulness of the complainant's evidence so that no further direction was necessary.

Parties
Applicant: Shane Goundar; Respondent: The King
Jurisdiction
Australia
Judgment Date
05 April 2024
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal Against Conviction; Application for Leave and Substantive Determination
Outcome
(1) Leave to appeal refused in relation to grounds 1 and 3; (2) Leave to appeal granted in relation to ground 2; (3) Appeal dismissed.
Legal Topics
Appeal Against Conviction, Sexual Offences, Directions to Jury, Assessment of Complainant Evidence, Unreasonable Verdict, Complaint Evidence
Criminal Law Appeal Against Conviction Sexual Offences Directions to Jury Assessment of Complainant Evidence Unreasonable Verdict Complaint Evidence

Case Brief

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Parties

Shane Goundar

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal Against Conviction; Application for Leave and Substantive Determination

Legal Issues

  1. 1 Whether trial judge erred in directions to the jury regarding complaint evidence given by the complainant's mother
  2. 2 Whether the verdict was unreasonable or could not be supported having regard to the evidence
  3. 3 Whether the trial judge failed to properly direct the jury on the need to be satisfied of the accuracy and reliability of the complainant's evidence

Ratio Decidendi

There was no miscarriage of justice in the trial judge's directions concerning complaint evidence, as the act relied on was made clear and inconsistencies were properly before the jury; the verdict was not unreasonable as the complainant's central allegation was consistent and appropriately assessed by the jury despite discrepancies explicable by intoxication; and the directions given sufficiently directed the jury to consider the reliability and truthfulness of the complainant's evidence so that no further direction was necessary.

Court Disposition

(1) Leave to appeal refused in relation to grounds 1 and 3; (2) Leave to appeal granted in relation to ground 2; (3) Appeal dismissed.

Orders

  • Refuse leave to appeal under r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021(NSW) in relation to grounds 1 and 3.
  • Grant leave to appeal ground 2.