Roberts v R [2023] NSWCCA 187

Roberts v R [2023] NSWCCA 187

By majority, the RTI test applies and evidence raises a real and substantial question about applicant's fitness to stand trial; convictions and sentences on counts 1, 3 and 5 should be set aside and retrial ordered due to miscarriage of justice. Verdicts on counts 1 and 5 are not unreasonable after full assessment of evidence; decisions and verdicts are reconcilable with jury's findings.

Jurisdiction
Australia
Judgment Date
28 July 2023
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Post Conviction
Outcome
Leave to appeal granted; appeal upheld as to fitness; convictions and sentences on counts 1, 3 and 5 set aside; retrial ordered; publication order made regarding applicant's name.
Legal Topics
['appeal Against Conviction' 'fitness to Be Tried' 'unreasonable Verdict' 'mental Health and Cognitive Impairment' 'sexual Offences' 'jury Trial Procedure']
['criminal Law'] ['appeal Against Conviction' 'fitness to Be Tried' 'unreasonable Verdict' 'mental Health and Cognitive Impairment' 'sexual Offences' 'jury Trial Procedure']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Post Conviction

Legal Issues

  1. 1 ["Whether a miscarriage of justice occurred due to the applicant's alleged unfitness to stand trial" 'Whether verdicts on counts 1 and 5 are unreasonable or cannot be supported by evidence']

Ratio Decidendi

By majority, the RTI test applies and evidence raises a real and substantial question about applicant's fitness to stand trial; convictions and sentences on counts 1, 3 and 5 should be set aside and retrial ordered due to miscarriage of justice. Verdicts on counts 1 and 5 are not unreasonable after full assessment of evidence; decisions and verdicts are reconcilable with jury's findings.

Court Disposition

Leave to appeal granted; appeal upheld as to fitness; convictions and sentences on counts 1, 3 and 5 set aside; retrial ordered; publication order made regarding applicant's name.

Orders

  • ['Leave to appeal granted.' 'Uphold the appeal.' 'Set aside the convictions and sentence with respect to counts 1, 3 and 5 and order a retrial on those counts.' 'List the matter in the arraignment list in the District Court on 11 August 2023.' 'Pursuant to s 578A(4)(a) of the Crimes Act 1900 (NSW) the name of the...