R v Corbett [2002] NSWCCA 137

R v Corbett [2002] NSWCCA 137

The appeal against conviction on count 1 succeeded because the conflict between the complainant's trial evidence and the evidence of her earlier complaint to S, combined with her very young age at the alleged time and the long delays before complaint, police report and trial, meant the jury acting reasonably should have had a reasonable doubt and the verdict was unsafe and unsatisfactory. The convictions on counts 5 and 6 were not inconsistent with the acquittals because the complainant's evidence on those counts was associated with memorable surrounding circumstances, partly supported by her mother's evidence, and was reasonably capable of satisfying the jury beyond reasonable doubt. By...

Jurisdiction
Australia
Judgment Date
19 April 2002
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal in the New South Wales Court of Criminal Appeal From District Court Convictions and Sentences
Outcome
Appeal against conviction on count 1 upheld; conviction and sentence on count 1 quashed and verdict of acquittal entered; appeal against conviction on counts 5 and 6 dismissed; leave to appeal against sentence on counts 5 and 6 granted; sentence appeal allowed and concurrent reduced sentences imposed.
Legal Topics
['sexual Misconduct With an Under Age Female' 'indecent Assault' 'carnal Knowledge' 'inconsistent Verdicts' 'unsafe and Unsatisfactory Verdict' 'delay in Complaint' 'concurrency' 'non Parole Period']
['criminal Law' 'criminal Procedure' 'evidence' 'sentencing'] ['sexual Misconduct With an Under Age Female' 'indecent Assault' 'carnal Knowledge' 'inconsistent Verdicts' 'unsafe and Unsatisfactory Verdict' 'delay in Complaint' 'concurrency' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal in the New South Wales Court of Criminal Appeal From District Court Convictions and Sentences

Legal Issues

  1. 1 ["Whether the jury's verdicts of guilty on counts 1, 5 and 6 were inconsistent with the acquittals on the other counts." "Whether the conviction on count 1 was unsafe and unsatisfactory because the complainant's evidence conflicted with evidence of her earlier complaint and was affected by age and long delay." 'Whether the convictions on counts 5 and 6 were reasonably supported by the evidence and reconcilable with the acquittals.' "Whether the sentences on counts 5 and 6 should be reduced after the conviction on count 1 was quashed and in light of the appellant's personal circumstances."]

Ratio Decidendi

The appeal against conviction on count 1 succeeded because the conflict between the complainant's trial evidence and the evidence of her earlier complaint to S, combined with her very young age at the alleged time and the long delays before complaint, police report and trial, meant the jury acting reasonably should have had a reasonable doubt and the verdict was unsafe and unsatisfactory. The convictions on counts 5 and 6 were not inconsistent with the acquittals because the complainant's evidence on those counts was associated with memorable surrounding circumstances, partly supported by her mother's evidence, and was reasonably capable of satisfying the jury beyond reasonable doubt. By...

Court Disposition

Appeal against conviction on count 1 upheld; conviction and sentence on count 1 quashed and verdict of acquittal entered; appeal against conviction on counts 5 and 6 dismissed; leave to appeal against sentence on counts 5 and 6 granted; sentence appeal allowed and concurrent reduced sentences imposed.

Orders

  • ['Appeal against conviction on count 1 upheld; conviction and sentence on count 1 quashed; verdict of acquittal entered.' 'Appeal against conviction on counts 5 and 6 dismissed.' 'Leave to appeal against sentence on counts 5 and 6 granted. Appeal allowed; sentences quashed. In lieu thereof the appellant is sentenced...