R v Fuller [2001] NSWCCA 390

R v Fuller [2001] NSWCCA 390

The conviction on Count 6A was not inconsistent or unreasonable. Count 6A required proof of sexual intercourse only, and Mrs Donnelly's evidence that she saw the appellant naked on top of the naked complainant, together with the appellant's statement that he was only talking to her, powerfully confirmed the complainant's evidence that intercourse occurred. That evidence did not point nearly as strongly to lack of consent, because the complainant's upset state could be explained consistently with either non-consensual intercourse or being discovered in consensual intercourse, so it was open to the jury to convict on Count 6A while acquitting on Count 6. The trial judge's directions on...

Jurisdiction
Australia
Judgment Date
26 September 2001
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From Conviction in the District Court
Outcome
Grounds 1 and 2 of the appeal as lodged were dismissed, with directions made for any further evidence application and listing before the Registrar.
Legal Topics
['sexual Offences' 'carnal Knowledge of Person Under the Age of 16 Years' 'inconsistent Verdicts' 'delay in Complaint' 'judicial Directions' 'kilby Direction' 'longman Direction' 'corroboration or Confirmatory Evidence']
['criminal Law' 'criminal Practice and Procedure' 'evidence'] ['sexual Offences' 'carnal Knowledge of Person Under the Age of 16 Years' 'inconsistent Verdicts' 'delay in Complaint' 'judicial Directions' 'kilby Direction' 'longman Direction' 'corroboration or Confirmatory Evidence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From Conviction in the District Court

Legal Issues

  1. 1 ['Whether the conviction on Count 6A for carnal knowledge of a person under the age of 16 years was inconsistent and unreasonable when the appellant was acquitted on Count 6 alleging sexual intercourse without consent arising from the same alleged incident.' "Whether the trial judge's direction on evaluating the complainant's credit having regard to delay in complaint was inadequate."]

Ratio Decidendi

The conviction on Count 6A was not inconsistent or unreasonable. Count 6A required proof of sexual intercourse only, and Mrs Donnelly's evidence that she saw the appellant naked on top of the naked complainant, together with the appellant's statement that he was only talking to her, powerfully confirmed the complainant's evidence that intercourse occurred. That evidence did not point nearly as strongly to lack of consent, because the complainant's upset state could be explained consistently with either non-consensual intercourse or being discovered in consensual intercourse, so it was open to the jury to convict on Count 6A while acquitting on Count 6. The trial judge's directions on...

Court Disposition

Grounds 1 and 2 of the appeal as lodged were dismissed, with directions made for any further evidence application and listing before the Registrar.

Orders

  • ['Order that Grounds 1 and 2 of the appeal as lodged be dismissed.' 'Any affidavits to be relied on by the appellant, in relation to the issue the subject of discussion at the start of this appeal, together with any Amended Notice of Appeal, to be filed on or before Friday, 26 October 2001.' 'In the event that the...