Nguyen v R [2017] NSWCCA 145

Nguyen v R [2017] NSWCCA 145

The Court found that the jury's verdicts could be logically and reasonably reconciled due to inconsistencies in the complainant’s evidence regarding penetration, interpretation difficulties, and the greater reliability of her contemporaneous police statements (which suggested attempt but not actual intercourse). The jury's differentiation between the attempt and completed offence was therefore not unreasonable or indicative of compromise, and did not warrant quashing the conviction.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal dismissed
Legal Topics
['inconsistent Verdicts' 'sexual Offences' 'attempted Sexual Intercourse Without Consent' 'standard of Proof Beyond Reasonable Doubt' 'jury Directions']
['criminal Law'] ['inconsistent Verdicts' 'sexual Offences' 'attempted Sexual Intercourse Without Consent' 'standard of Proof Beyond Reasonable Doubt' 'jury Directions']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdicts of not guilty for aggravated sexual intercourse without consent and guilty for attempted aggravated sexual intercourse were inconsistent' 'Whether the verdicts resulted from an impermissible compromise by the jury']

Ratio Decidendi

The Court found that the jury's verdicts could be logically and reasonably reconciled due to inconsistencies in the complainant’s evidence regarding penetration, interpretation difficulties, and the greater reliability of her contemporaneous police statements (which suggested attempt but not actual intercourse). The jury's differentiation between the attempt and completed offence was therefore not unreasonable or indicative of compromise, and did not warrant quashing the conviction.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['Application for leave to appeal be dismissed.']