Nguyen v R [2021] NSWCCA 85

Nguyen v R [2021] NSWCCA 85

The verdicts were not irreconcilable. The applicant's post-incident messages and recorded telephone conversation provided independent evidence capable of supporting the complainant's account that he put his hand in her underwear and digitally penetrated her, and his acknowledgments supported proof of lack of consent and knowledge for count 1. There was no comparable admission or independent support for the allegation that he placed the complainant's hand on his penis on count 2, which he denied. It was therefore rationally open to the jury, applying the trial judge's directions to consider the complainant's evidence with care, to be satisfied beyond reasonable doubt on count 1 but not on...

Jurisdiction
Australia
Judgment Date
03 May 2021
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Conviction in the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Conviction' 'inconsistent Verdicts' 'unreasonable and Unsafe Verdict' 'sexual Intercourse Without Consent' 'indecent Assault' 'consent' 'jury Verdicts']
['criminal Law' 'criminal Procedure'] ['appeal Against Conviction' 'inconsistent Verdicts' 'unreasonable and Unsafe Verdict' 'sexual Intercourse Without Consent' 'indecent Assault' 'consent' 'jury Verdicts']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Conviction in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the guilty verdict on count 1 for sexual intercourse without consent was unreasonable and unsafe by reason of inconsistency with the not guilty verdict on count 2 for indecent assault.' 'Whether there was a rational explanation for the jury convicting on count 1 but acquitting on count 2.']

Ratio Decidendi

The verdicts were not irreconcilable. The applicant's post-incident messages and recorded telephone conversation provided independent evidence capable of supporting the complainant's account that he put his hand in her underwear and digitally penetrated her, and his acknowledgments supported proof of lack of consent and knowledge for count 1. There was no comparable admission or independent support for the allegation that he placed the complainant's hand on his penis on count 2, which he denied. It was therefore rationally open to the jury, applying the trial judge's directions to consider the complainant's evidence with care, to be satisfied beyond reasonable doubt on count 1 but not on...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']