WH v R [2011] NSWDC 112

WH v R [2011] NSWDC 112

The conviction cannot stand because there is a reasonable possibility that the appellant's account is true; the evidence does not satisfy the court beyond reasonable doubt that the offence occurred. Therefore, the conviction is set aside.

Parties
Appellant: WH; Respondent: Regina
Jurisdiction
Australia
Judgment Date
04 April 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction set aside
Legal Topics
Conviction Appeal, Indecent Assault of a Person Under 16
Criminal Law Conviction Appeal Indecent Assault of a Person Under 16

Case Brief

Summary, issues, holding and outcome

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Parties

WH

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction for indecent assault under s 61M(2) of the Crimes Act 1900 should be set aside
  2. 2 Whether the evidence of the complainant is sufficiently reliable to support a conviction beyond reasonable doubt
  3. 3 Whether there is a reasonable possibility that the appellant's account is true

Ratio Decidendi

The conviction cannot stand because there is a reasonable possibility that the appellant's account is true; the evidence does not satisfy the court beyond reasonable doubt that the offence occurred. Therefore, the conviction is set aside.

Court Disposition

appeal allowed; conviction set aside

Orders

  • Under s 20(1)(a) of the Crimes (Appeal and Review) Act 2001, the conviction is set aside.