Afacan v R [2014] NSWCCA 203

Afacan v R [2014] NSWCCA 203

It was open to the jury, having regard to the evidence including objective corroboration by CCTV, eyewitnesses and the triple 0 call, to find the applicant guilty beyond reasonable doubt of detaining the victim with the intention of obtaining an advantage. The discrepancies in the victim's evidence were minor and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 October 2014
Procedural Posture
Criminal Conviction Appeal / Court of Criminal Appeal Determination on Leave and Merits
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['conviction Appeal' 'detain With Intention of Obtaining an Advantage' 'unreasonable Verdict' 'jury Advantage' 'corroboration' 'bad Character of Victim' "inconsistencies in Victim's Evidence"]
['criminal Law'] ['conviction Appeal' 'detain With Intention of Obtaining an Advantage' 'unreasonable Verdict' 'jury Advantage' 'corroboration' 'bad Character of Victim' "inconsistencies in Victim's Evidence"]

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Procedural Posture

Criminal Conviction Appeal / Court of Criminal Appeal Determination on Leave and Merits

Legal Issues

  1. 1 ["Whether the applicant's conviction for detaining the victim with intent to obtain an advantage was unreasonable and could not be supported by the evidence"]

Ratio Decidendi

It was open to the jury, having regard to the evidence including objective corroboration by CCTV, eyewitnesses and the triple 0 call, to find the applicant guilty beyond reasonable doubt of detaining the victim with the intention of obtaining an advantage. The discrepancies in the victim's evidence were minor and did not undermine the reliability on central issues.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']