R v SIMMONS [2002] NSWCCA 522

R v SIMMONS [2002] NSWCCA 522

Given the jury's lack of confidence in the complainant's evidence as seen in the verdicts of not guilty on four counts, and in the absence of any clearer basis for differentiating the counts, the guilty verdict on the second count was unreasonable and cannot stand.

Jurisdiction
Australia
Judgment Date
24 December 2002
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Determination
Outcome
Appeal allowed
Legal Topics
['inconsistent Verdicts' 'indecent Assault' 'sexual Offences Against Minors' 'reasonableness of Jury Verdict' 'appeals Against Conviction']
['criminal Law'] ['inconsistent Verdicts' 'indecent Assault' 'sexual Offences Against Minors' 'reasonableness of Jury Verdict' 'appeals Against Conviction']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Determination

Legal Issues

  1. 1 ['Whether the guilty verdict on the second count was unreasonable or inconsistent with the not guilty verdicts on other counts' 'Whether the evidence supported the conviction on the second count']

Ratio Decidendi

Given the jury's lack of confidence in the complainant's evidence as seen in the verdicts of not guilty on four counts, and in the absence of any clearer basis for differentiating the counts, the guilty verdict on the second count was unreasonable and cannot stand.

Court Disposition

Appeal allowed

Orders

  • ['Conviction and sentence in respect of the second count quashed' 'Verdict of acquittal entered on the second count']