SM v R [2022] NSWCCA 13

SM v R [2022] NSWCCA 13

Because the counts on which the jury failed to agree were factually unrelated to the counts on which guilty verdicts were returned, that failure did not assist the assessment of the complainant's credibility or the reasonableness of the guilty verdicts. On an independent assessment of the evidence, the alleged discrepancies and implausibilities did not require the jury to have entertained a reasonable doubt, and it was well open to the jury to find the applicant guilty on counts 1, 2, 4 and 8.

Jurisdiction
Australia
Judgment Date
09 February 2022
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal Against Convictions From the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['unreasonable Verdict' 'sexual Offences Against a Child' 'failure of Jury to Agree on Other Counts' 'complainant Credibility and Reliability']
['criminal Law' 'criminal Appeals'] ['unreasonable Verdict' 'sexual Offences Against a Child' 'failure of Jury to Agree on Other Counts' 'complainant Credibility and Reliability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the guilty verdicts on counts 1, 2, 4 and 8 were unreasonable or could not be supported having regard to the evidence.' "Whether the jury's failure to agree on verdicts for counts 3, 5, 6 and 7 informed the reasonableness of the guilty verdicts." "Whether evidentiary inconsistencies and alleged implausibilities affected the reliability or credibility of the complainant's evidence."]

Ratio Decidendi

Because the counts on which the jury failed to agree were factually unrelated to the counts on which guilty verdicts were returned, that failure did not assist the assessment of the complainant's credibility or the reasonableness of the guilty verdicts. On an independent assessment of the evidence, the alleged discrepancies and implausibilities did not require the jury to have entertained a reasonable doubt, and it was well open to the jury to find the applicant guilty on counts 1, 2, 4 and 8.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']