TV v. REGINA [2006] NSWCCA 174

TV v. REGINA [2006] NSWCCA 174

The appeal against conviction failed because the jury could properly regard L as partisan and unreliable, the asserted deficiencies in the complainant's evidence and the Crown case did not make the verdicts unreasonable, the physical injuries and other circumstances provided support for the complainant's account, and the not guilty verdict on count 1 did not require rejection of her evidence on counts 2 and 3. Leave to appeal against sentence was refused because the alleged tension in the sentencing reasons could be reconciled and the total sentence of a non-parole period of 4 years with an additional term of 2 years could not be regarded as excessive.

Jurisdiction
Australia
Judgment Date
05 June 2006
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal against conviction dismissed; leave to appeal against sentences refused.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'unsafe and Unsatisfactory Verdict' 'sexual Intercourse Without Consent' 'aggravated Sexual Assault' 'assault Occasioning Actual Bodily Harm' 'manifestly Excessive Sentence']
['criminal Law' 'criminal Procedure' 'sentencing'] ['appeal Against Conviction' 'unreasonable Verdict' 'unsafe and Unsatisfactory Verdict' 'sexual Intercourse Without Consent' 'aggravated Sexual Assault' 'assault Occasioning Actual Bodily Harm' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the verdicts of guilty on counts 2 and 3 were against the evidence and the weight of the evidence or unsafe and unsatisfactory.' "Whether L's evidence destroyed the complainant's credibility or raised a reasonable doubt." "Whether deficiencies in the complainant's evidence and the Crown case made the verdicts unreasonable." "Whether the jury's not guilty verdict on count 1 meant the complainant was unreliable such that doubt should have arisen on counts 2 and 3." 'Whether the sentences were manifestly excessive, including whether the sentencing reasons were vitiated by tension between findings about risk of re-offending and special deterrence.']

Ratio Decidendi

The appeal against conviction failed because the jury could properly regard L as partisan and unreliable, the asserted deficiencies in the complainant's evidence and the Crown case did not make the verdicts unreasonable, the physical injuries and other circumstances provided support for the complainant's account, and the not guilty verdict on count 1 did not require rejection of her evidence on counts 2 and 3. Leave to appeal against sentence was refused because the alleged tension in the sentencing reasons could be reconciled and the total sentence of a non-parole period of 4 years with an additional term of 2 years could not be regarded as excessive.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentences refused.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentences refused.']