| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2022 0058 |
| JASON BLAKE (A PSEUDONYM)[1] | Applicant |
| v | |
| THE KING | Respondent |
[1]To ensure that there is no possibility of identification of the victim of the sexual offending, this judgment has been anonymised by the adoption of a pseudonym in place of the applicant’s name.
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| JUDGES: | BEACH, T FORREST and KAYE JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 6 March 2023 |
| DATE OF JUDGMENT: | 16 March 2023 |
| MEDIUM NEUTRAL CITATION: | [2023] VSCA 52 |
| JUDGMENT APPEALED FROM: | [2021] VCC 1664 (Judge Chambers) |
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CRIMINAL LAW – Conviction – Appeal – Three charges of sexual offending against one complainant – Jury convicted applicant on two charges, but acquitted him on third charge – Whether verdicts inconsistent – Not reasonably arguable that verdicts inconsistent – Whether convictions unreasonable or unable to be supported – Inconsistencies in complainant’s evidence – Evidence of applicant’s good character – Whether it was open to jury to convict in light of quality of complainant’s evidence, inconsistencies in evidence, alleged implausibilities, evidence of applicant’s good character and applicant’s denials – Open to jury to convict on whole of the evidence – Any possible doubt capable of being resolved by jury’s advantage of seeing and hearing witnesses – Appeal dismissed.
M v The Queen (1994) 181 CLR 487, MacKenzie v The Queen (1996) 190 CLR 348, MFA v The Queen (2002) 213 CLR 606, Pell v The Queen (2020) 268 CLR 123, Dansie v The Queen [2022] HCA 25, applied. R v Buckley (2004) 10 VR 215, Woods v The Queen [2019] VSCA 259, Palliyaguruge v The Queen [2022] VSCA 159, Charles (a pseudonym) v The Queen [2022] VSCA 166, referred to.
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| Counsel | |||
| Applicant: | Mr J O’Connor | ||
| Respondent: | Ms D Piekusis KC | ||
Solicitors | |||
| Applicant: | Richard Davis & Associates | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
BEACH JA
T FORREST JA
KAYE JA:
On 5 July 2021, following a six day trial in the County Court, the applicant was found guilty of one charge of committing an indecent act with a child under 16 (charge 1) and one charge of sexual penetration of a child under 16 (charge 2). Charge 2 was a course of conduct charge.[2] The applicant was acquitted of a third charge (charge 3) which alleged a separate occasion of sexual penetration with a child under 16. On 22 October 2021, following a plea hearing, the applicant was sentenced to a total effective sentence of six years and six months’ imprisonment, with a non-parole period of four years and three months.[3]
[2]See cl 4A of Schedule 1 of the Criminal Procedure Act 2009.
[3]DPP v Blake(a pseudonym) [2021] VCC 1664 (‘Sentencing Reasons’).
The applicant now seeks leave to appeal against his conviction. The applicant’s proposed grounds of appeal are as follows:
1.The jury’s verdicts on charges 1 and 2 are unreasonable or cannot be supported having regard to the evidence.
2.The convictions on charges 1…
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- Blake (a pseudonym) v The King [2023] VSCA 52
- Case
- [2023] VSCA 52
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to resolve included whether the verdicts were inconsistent, whether the convictions were unreasonable or unsupported by the evidence, and whether the jury could convict given the inconsistencies in the complainant's evidence, the applicant's good character, and his denials. The court had to examine the quality of the complainant's evidence, any inconsistencies, the alleged implausibilities, and the overall weight of the evidence presented.
The court found that it was not reasonably arguable that the verdicts were inconsistent. It held that the inconsistencies in the complainant's evidence, along with the other factors, did not prevent the jury from convicting the applicant. The court noted that the jury had the advantage of seeing and hearing the witnesses, which allowed them to resolve any doubts. Therefore, the appeal was dismissed as the convictions were supported by the evidence, and the jury's decision was reasonable.
No further orders were made by the court.
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