White v R [2019] NSWCCA 168

White v R [2019] NSWCCA 168

The jury was entitled to accept the complainant’s contemporaneous account given to police and her disclosure to her mother as reliable in relation to count 1, despite inconsistencies regarding circumstance and detail due to the complainant’s age and passage of time. The acquittals on counts 2 to 4 can be rationally explained by issues of opportunity and do not necessarily undermine the verdict of guilty. Upon the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt of the applicant’s guilt on count 1.

Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Criminal Appeal / Court of Criminal Appeal—appeal Against Conviction
Outcome
Appeal dismissed after leave granted
Legal Topics
['unreasonable Verdicts' 'sexual Offences Against Children' 'jury Verdicts—consistency' 'assessment of Evidence—child Complainant']
['criminal Law'] ['unreasonable Verdicts' 'sexual Offences Against Children' 'jury Verdicts—consistency' 'assessment of Evidence—child Complainant']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal—appeal Against Conviction

Legal Issues

  1. 1 ["Whether the jury's verdict of guilty on count 1 was unreasonable or could not be supported having regard to the evidence and acquittals on counts 2–4."]

Ratio Decidendi

The jury was entitled to accept the complainant’s contemporaneous account given to police and her disclosure to her mother as reliable in relation to count 1, despite inconsistencies regarding circumstance and detail due to the complainant’s age and passage of time. The acquittals on counts 2 to 4 can be rationally explained by issues of opportunity and do not necessarily undermine the verdict of guilty. Upon the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt of the applicant’s guilt on count 1.

Court Disposition

Appeal dismissed after leave granted

Orders

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