Sakar v R [2024] NSWCCA 40
The verdicts of guilty for common assault and sexual intercourse without consent were open to the jury on the evidence; the complainant's evidence was cogent and consistent in material respects, and criticisms raised by the appellant were insufficient to establish unreliability or reasonable doubt. Leave to appeal was granted but the appeal was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 15 March 2024
- Procedural Posture
- Criminal Appeal / Judgment on Application for Leave and Merits of Appeal
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['appeal Against Conviction' 'sexual Offences' 'common Assault' 'reasonableness of Verdict' 'jury Directions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Judgment on Application for Leave and Merits of Appeal
Legal Issues
- 1 ['Whether the guilty verdicts for common assault and sexual intercourse without consent were unreasonable and could not be supported on the evidence' 'Whether the trial judge misdirected the jury']
Ratio Decidendi
The verdicts of guilty for common assault and sexual intercourse without consent were open to the jury on the evidence; the complainant's evidence was cogent and consistent in material respects, and criticisms raised by the appellant were insufficient to establish unreliability or reasonable doubt. Leave to appeal was granted but the appeal was dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['Leave granted to appeal' 'Appeal dismissed']
Full Case Text
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