Zhao v R [2024] NSWCCA 229

Zhao v R [2024] NSWCCA 229

Given significant discrepancies, inconsistencies, and credibility concerns in the complainant's evidence, the jury, acting rationally, ought to have entertained a reasonable doubt as to the applicant's guilt. Therefore, the conviction on Count 2 was not reasonably open on the evidence and must be set aside.

Parties
Applicant: Shuning Zhao; Respondent: Rex
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; acquittal entered.
Legal Topics
Appeal Against Conviction, Unreasonable Verdict, Sexual Offences, Consent, Assessment of Evidence
Criminal Law Appeal Against Conviction Unreasonable Verdict Sexual Offences Consent Assessment of Evidence

Case Brief

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Parties

Shuning Zhao

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the verdict on Count 2 was unreasonable and could not be supported having regard to the evidence
  2. 2 Whether the acquittal on Count 1 is inconsistent with the conviction on Count 2

Ratio Decidendi

Given significant discrepancies, inconsistencies, and credibility concerns in the complainant's evidence, the jury, acting rationally, ought to have entertained a reasonable doubt as to the applicant's guilt. Therefore, the conviction on Count 2 was not reasonably open on the evidence and must be set aside.

Court Disposition

Appeal allowed; conviction quashed; acquittal entered.

Orders

  • (1) Grant leave to appeal.
  • (2) Allow the appeal.