Nguyen v R [2022] NSWCCA 126

Nguyen v R [2022] NSWCCA 126

Leave to appeal was granted but the appeal dismissed because, upon the evidence including the text messages and explanations provided by the complainant, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt. The jury’s advantage in having seen and heard TN was crucial. The absence of evidence from the complainant's ex-boyfriend did not undermine the verdict.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Conviction Appeal / Application for Leave to Appeal and Substantive Hearing
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['unreasonable Verdict' 'sexual Assault' 'credibility and Reliability of Complainant' 'jury Advantage' 'absence of Witness' 'text Messages as Evidence']
['criminal Law'] ['unreasonable Verdict' 'sexual Assault' 'credibility and Reliability of Complainant' 'jury Advantage' 'absence of Witness' 'text Messages as Evidence']

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Procedural Posture

Conviction Appeal / Application for Leave to Appeal and Substantive Hearing

Legal Issues

  1. 1 ['Whether the verdict was unreasonable and cannot be supported by the evidence' 'Effect of text messages exchanged between complainant and applicant on complainant’s credibility and reliability' 'Impact of the trial judge’s observations (in absence of jury) on jury’s advantage assessing evidence' 'Whether absence of evidence from complainant’s ex-boyfriend meant the verdict was unreasonable']

Ratio Decidendi

Leave to appeal was granted but the appeal dismissed because, upon the evidence including the text messages and explanations provided by the complainant, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt. The jury’s advantage in having seen and heard TN was crucial. The absence of evidence from the complainant's ex-boyfriend did not undermine the verdict.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['The Applicant be granted leave to appeal.' 'The Appeal be dismissed.']