Choudhary v The Queen

The defendant, Choudhary, was convicted in the County Court of Victoria on four counts of sexual penetration and indecent acts with a child under 16 years old, but acquitted on two other charges. Choudhary appealed against his conviction to the Court of Appeal. The appeal centred on the consistency and safety of the verdicts, the admissibility of certain statements made by the appellant, and the adequacy of the judge's directions to the jury. The appellant argued that the verdicts were inconsistent and that the judge should have directed the jury to find him not guilty on the acquitted charges. The Crown conceded that the judge erred in not giving such a direction but argued that the error did not affect the safety of the verdicts.

The Court of Appeal considered whether the verdicts were inconsistent and whether they were otherwise unsafe and unsatisfactory. The Court found that the verdicts were not inconsistent but acknowledged that the judge should have directed the jury to find the appellant not guilty on the acquitted charges. However, the Court held that the error did not affect the safety of the verdicts. The Court also considered whether the appellant's alleged admissions were admissible and whether the judge's directions to the jury were adequate. The Court found that the alleged admissions were admissible and that the judge's directions were adequate.

The Court of Appeal allowed the appeal and ordered a retrial. The Court held that the error in the judge's directions meant that the verdicts were not safe and satisfactory, and a retrial was necessary. The Court also held that the alleged admissions were properly admitted and that the judge's directions to the jury were adequate. The Court noted that the appellant's convictions on four counts of sexual penetration and indecent acts with a child under 16 years old were not in issue, and a retrial was necessary only because of the error in the judge's directions. The Court ordered a retrial on the two acquitted charges only.