Ahosivi v R [2024] NSWCCA 56

Ahosivi v R [2024] NSWCCA 56

It was open to the jury, on the totality of the evidence including the clear CCTV footage and the complainant’s general evidence of swatting the accused’s hand and stating she did not consent, to be satisfied beyond reasonable doubt that the appellant committed the sexual touching (on the buttocks at the particularised timestamp) without consent, knowing that the complainant did not consent. The lack of direct complainant evidence of that precise act did not render the verdict unreasonable given what was visible on the footage and the inferences properly available, especially as to non-consent by repeated physical resistance.

Parties
Appellant: Williams Mahe Ahosivi; Respondent: Rex
Jurisdiction
Australia
Judgment Date
29 April 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction (unreasonable Verdict) – Heard and Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeals Against Conviction, Unreasonable Verdict, Sexual Offences, Sexual Touching, Consent, Evidence (cctv and Complainant Evidence)
Criminal Law Appeals Against Conviction Unreasonable Verdict Sexual Offences Sexual Touching Consent Evidence (cctv and Complainant Evidence)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Williams Mahe Ahosivi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction (unreasonable Verdict) – Heard and Determined

Legal Issues

  1. 1 Whether verdict of guilty for sexual touching was unreasonable and unsupported by the evidence
  2. 2 Whether CCTV footage alone could demonstrate the elements of the offence, particularly lack of consent, in the absence of direct complainant evidence for the particularised act
  3. 3 Whether jury should have entertained a reasonable doubt as to consent given the context of earlier affectionate conduct

Ratio Decidendi

It was open to the jury, on the totality of the evidence including the clear CCTV footage and the complainant’s general evidence of swatting the accused’s hand and stating she did not consent, to be satisfied beyond reasonable doubt that the appellant committed the sexual touching (on the buttocks at the particularised timestamp) without consent, knowing that the complainant did not consent. The lack of direct complainant evidence of that precise act did not render the verdict unreasonable given what was visible on the footage and the inferences properly available, especially as to non-consent by repeated physical resistance.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.