SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2019 0248
| CHARLIE THOMAS STAR | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P, EMERTON and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 13 November 2020 |
| DATE OF ORDERS: | 18 November 2020 |
| DATE OF REASONS: | 22 December 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 331 |
| JUDGMENT APPEALED FROM: | [2019] VCC 1822 (Judge M Sexton) |
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CRIMINAL LAW – Appeal – Conviction – Rape – Inconsistent verdicts – Applicant tried on three charges of rape – Convicted on one charge, acquitted on second, jury unable to agree on third – Co-accused tried on five charges of rape – Acquitted on four charges, jury unable to agree on fifth – All charges involved same complainant – Consent in issue – Crown case depended on complainant’s credibility – Whether sole guilty verdict reconcilable with acquittals – No rational explanation – Appeal allowed – Conviction quashed – Verdict of acquittal entered – McKenzie v The Queen (1996) 190 CLR 348 applied.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D Dann QC | Kerry R Clancy |
| For the Respondent | Mr B L Sonnet | Ms A Hogan, Solicitor for Public Prosecutions |
MAXWELL P
EMERTON JA
WEINBERG JA:
Summary
The applicant (S)[1] and his co-accused (B)[2] faced multiple charges of rape following an incident at a birthday party in late 2017. There were eight rape charges on the indictment: three against S and five against B. All of the offences were alleged to have been committed against a 17-year-old girl (K).
[1]The abbreviation is used for ease of reference not anonymity.
[2]The abbreviation is used for ease of reference not anonymity.
The prosecution case was that K did not consent to any of the acts of penetration the subject of the rape charges. S admitted to taking part in acts of penetration with K but maintained that they were all consensual. B also admitted to taking part in acts of penetration with K, which he said were all consensual, but denied that they were the acts of penetration the subject of the charges against him.
The jury acquitted B of four charges and were unable to reach a verdict on the fifth. They convicted S of one charge of rape (charge 6), acquitted him of another and were unable to reach a verdict on the third. S sought leave to appeal against his conviction on that single charge of rape by an act of anal penetration.
His principal ground of appeal was that the guilty verdict on charge 6 cannot be reconciled, logically or rationally, with the jury’s delivery of not guilty verdicts on five other charges and their inability to reach agreement on the remaining two charges. The other pleaded ground was that the conduct of the trial created an unacceptable level of confusion regarding the account given by S of the circumstances relating to charge 6. In the course of oral argument, however, the tenor of the submission changed, and it was contended that the judge…
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- Case
- [2020] VSCA 331
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on the principle established in McKenzie v The Queen, which holds that a guilty verdict cannot stand if it is inconsistent with acquittals in the same trial on charges that involve the same complainant and the same acts. The court had to examine whether there was a rational explanation for the inconsistent verdicts. The High Court found that there was no rational explanation for the sole guilty verdict against Star given the acquittals, as all charges involved the same complainant and the contested issue of consent. The inconsistency between the verdicts rendered the sole guilty verdict unsafe and unreliable, violating the principle of fairness and consistency in the criminal justice process.
Following the reasoning in McKenzie, the High Court held that the sole guilty verdict against Star was irreconcilable with the acquittals. Consequently, the appeal was allowed, the conviction was quashed, and a verdict of acquittal was entered in its place. This decision underscores the importance of ensuring that verdicts in a trial are consistent and rational, particularly when they pertain to the same acts and the same complainant. The court's decision reinforces the principle that a solitary conviction cannot stand if it conflicts with acquittals on related charges in the same trial.
Orders
Orders of the court
See [57]
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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