Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Booth v R [2022] NSWCCA 113 Hearing dates: 16 May 2022 Date of orders: 3 June 2022 Decision date: 03 June 2022 Before: Beech-Jones CJ at CL at [1]
Hamill J at [55]
N Adams J at [65]Decision: (1) Leave to appeal against conviction granted.
(2) Appeal dismissed.
Catchwords: CONVICTION – APPEAL – applicant found guilty of two counts of sexual assault – acquitted on other two counts – no dispute on two guilty counts that sexual acts occurred – victim gave answer to ambiguous question capable of suggesting she consented – necessary to consider evidence as a whole – whether verdicts inconsistent – verdicts can be reconciled on basis victim’s evidence imprecise about whether sexual acts on counts that led to acquittals occurred – whether verdicts of guilty unreasonable – reasonably open to jury to be satisfied beyond reasonable doubt that applicant knew victim did not consent
Legislation Cited: Crimes Act 1900
Criminal Appeal Act 1912
Evidence Act 1995
Cases Cited: Chidiac v The Queen (1991) 171 CLR 432; [1991] HCA 4
Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56
M v The Queen (1994) 181 CLR 487; [1994] HCA 63
Mackenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53
Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12
Category: Principal judgment Parties: Shane Anthony Booth (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
Mr D Roff (Applicant)
Ms E Wilkins SC (Crown)
Inner West Solicitors (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2019/333481 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 18 June 2021
- Before:
- Weber SC DCJ
- File Number(s):
- 2019/333481
Judgment
-
BEECH-JONES CJ at CL: This is an application for leave to appeal under s 5(1) of the Criminal Appeal Act 1912 against two convictions for sexual assault. The applicant’s sole ground of appeal is that the jury’s verdicts of guilty on two counts on the indictment were inconsistent with his acquittals on two other counts and were otherwise unreasonable and cannot be supported having regard to the evidence (Criminal Appeal Act, s 6(1)). For the reasons that follow, I would grant the applicant leave to appeal but dismiss the appeal.
Background
-
On 12 April 2021, the applicant was arraigned before a jury panel and his Honour Judge Weber SC on an indictment that contained four counts, all alleged to have been committed on Sunday, 11 August 2019. The first count charged the applicant with sexual touching contrary to s 61KC(a) of the Crimes Act 1900, specifically touching the victim’s vagina. The second count charged the applicant with one count of having sexual intercourse…
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- AGLC
- Booth v The The Queen [2022] NSWCCA 113
- Case
- [2022] NSWCCA 113
- Decision Date
CaseChat Overview and Summary
The court considered whether the verdicts could be reconciled by acknowledging the imprecision in the victim's evidence regarding the occurrence of the sexual acts on the counts that led to acquittal. The court concluded that the jury was reasonably satisfied beyond reasonable doubt that the applicant knew the victim did not consent to the sexual acts on the counts that led to conviction. The court held that the verdicts could be reconciled and were not inconsistent, given the imprecision in the victim's evidence. The court found that it was reasonably open to the jury to be satisfied beyond reasonable doubt that the applicant knew the victim did not consent to the sexual acts on the counts that led to conviction.
The appeal against conviction was dismissed. The convictions for the two counts of sexual assault were upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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