Burrows v R [2012] NSWCCA 113
The jury's verdict was reasonable and supported by the evidence, including the complainant's testimony, medical evidence of lacerations and DNA evidence; a rational explanation existed for the differing verdicts on the two sexual intercourse charges, namely that penetration was proven on the second occasion only; no miscarriage of justice occurred, and the appeal must be dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 04 June 2012
- Procedural Posture
- Criminal Conviction Appeal / Leave to Appeal and Appeal Against Conviction Before Court of Criminal Appeal
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['indecent Assault' 'sexual Intercourse With a Child' 'unreasonable Verdict' 'miscarriage of Justice' 'inconsistent Verdicts']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Conviction Appeal / Leave to Appeal and Appeal Against Conviction Before Court of Criminal Appeal
Legal Issues
- 1 ['Whether the verdict was unreasonable and unsupportable on the evidence' 'Whether the verdict involved a miscarriage of justice due to inconsistency with acquittal on another count']
Ratio Decidendi
The jury's verdict was reasonable and supported by the evidence, including the complainant's testimony, medical evidence of lacerations and DNA evidence; a rational explanation existed for the differing verdicts on the two sexual intercourse charges, namely that penetration was proven on the second occasion only; no miscarriage of justice occurred, and the appeal must be dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['Leave to appeal be granted.' 'The appeal be dismissed.']
Full Case Text
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