SI v R [2007] NSWCCA 181

SI v R [2007] NSWCCA 181

Given the fundamental unreliability and inconsistency in the complainant's evidence, supported by the trial judge's serious reservations about her credit, and absence of a rational basis for the jury to accept her evidence for count 4 but not count 5, it was not open to the jury to convict; the conviction for aggravated indecent assault is unsafe and must be quashed.

Parties
Applicant: SI; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
27 June 2007
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal upheld; conviction quashed; verdict of acquittal entered
Legal Topics
Sexual Offences, Indecent Assault, Unsafe Verdicts, Jury Verdicts, Evidence, Child Complainant, Hearsay
Criminal Law Sexual Offences Indecent Assault Unsafe Verdicts Jury Verdicts Evidence Child Complainant Hearsay

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Parties

SI

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the conviction for aggravated indecent assault was unreasonable
  2. 2 Whether the jury verdicts were inconsistent
  3. 3 Whether error was made in admitting hearsay evidence

Ratio Decidendi

Given the fundamental unreliability and inconsistency in the complainant's evidence, supported by the trial judge's serious reservations about her credit, and absence of a rational basis for the jury to accept her evidence for count 4 but not count 5, it was not open to the jury to convict; the conviction for aggravated indecent assault is unsafe and must be quashed.

Court Disposition

Appeal upheld; conviction quashed; verdict of acquittal entered

Orders

  • Non-publication order in relation to the name of the complainant and any matter that can identify the complainant
  • Conviction quashed and a verdict of acquittal entered