TA v R [2015] NSWCCA 151

TA v R [2015] NSWCCA 151

There were rational explanations for the jury's acquittal on count 5 but conviction on counts 6 and 8, specifically evidence regarding abstention from sexual intercourse and church clothing, so the verdicts were not inconsistent or unreasonable; leave to appeal should be refused.

Parties
Applicant: TA; Respondent: Crown
Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Extension of time granted; application for leave to appeal dismissed.
Legal Topics
Leave to Appeal, Unreasonable Conviction, Inconsistent Verdicts, Sexual Assault
Criminal Law Leave to Appeal Unreasonable Conviction Inconsistent Verdicts Sexual Assault

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Parties

TA

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether convictions on counts 6 and 8 were unreasonable due to the acquittal on count 5 (inconsistent verdicts)
  2. 2 Whether jury's verdicts could be rationally distinguished on the evidence

Ratio Decidendi

There were rational explanations for the jury's acquittal on count 5 but conviction on counts 6 and 8, specifically evidence regarding abstention from sexual intercourse and church clothing, so the verdicts were not inconsistent or unreasonable; leave to appeal should be refused.

Court Disposition

Extension of time granted; application for leave to appeal dismissed.

Orders

  • Extend time for the filing of the notice of application for leave to appeal to 4 March 2015.
  • Dismiss the application for leave to appeal.