Collins v R

Case [2020] NSWCCA 198


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Collins v R [2020] NSWCCA 198
Hearing dates: 5 June 2020
Decision date: 10 August 2020
Before: Meagher JA at [1]; Wilson J at [93]; N Adams J at [94]
Decision:

(1) Grant leave to appeal on ground 1.

(2) Allow the appeal against conviction.

(3) Quash the convictions on counts 1, 2 and 6 and in lieu thereof enter verdicts of acquittal on those counts.

Catchwords:

CRIME – appeals – appeal against conviction – unreasonable verdict – multiple charges of sexual offences against same child complainant – where only direct evidence of offending was complainant’s complaint and testimony – where jury acquitted applicant of 3 counts and convicted of 3 counts – whether acquittals necessarily diminished the overall credibility of the complainant’s evidence such that remaining convictions could not reasonably be supported and accordingly were not “open” to the jury.

Legislation Cited:

Criminal Appeal Act 1912 (NSW), ss 5, 6

Crimes Act 1900 (NSW), ss 61M, 66C

Cases Cited:

AH v R [2019] NSWCCA 152

Cabot (a pseudonym) v R [2018] NSWCCA 265

Chen v DPP (2011) 83 NSWLR 224; [2011] NSWCCA 205

Gilbert v R (2000) 201 CLR 414; [2000] HCA 15

IMM v R (2016) 257 CLR 300; [2016] HCA 14

Jones v The Queen (1997) 191 CLR 439

Kurdi v R [2011] NSWCCA 179

Lane v R (2018) 265 CLR 196; [2018] HCA 28

Longman v The Queen (1989) 168 CLR 79; [1989] HCA 60

MacKenzie v R (1996) 190 CLR 348; [1996] HCA 35

MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53

Nguyen v R [2017] NSWCCA 145

Norris v R [2007] NSWCCA 235

PA v R [2015] NSWCCA 18

Pell v R [2019] VSCA 186

Qualtieri v R [2006] NSWCCA 95; (2006) 171 A Crim R 463

R v ACK [2000] NSWCCA 180

R v Crisologo (1997) 99 A Crim R 178

R v J (No 2) [1998] 3 VR 602

R v Kirkman (1987) 44 SASR 591

R v KRL [2007] NSWCCA 354

R v TK (2009) 74 NSWLR 299; [2009] NSWCA 151

Roos v R [2019] NSWCCA 67

TB v R [2019] NSWCCA 224

Xu v R [2019] NSWCCA 178

XY v R (2013) 84 NSWLR 363; [2013] NSWCCA 121

Youkhanis v R [2014] NSWCCA 220

R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290

Ganiji v R [2019] NSWCCA 208

Category:Principal judgment
Parties: Collins (Applicant)
Regina (Crown)
Representation:

Counsel:

A Francis (Applicant)
M Millward (Crown)

Solicitors:

Etb Legal (Applicant)
NSW Director of Public Prosecutions (Crown)
File Number(s): 2016/247479
Publication restriction:

A person shall not publish any matter which identifies the complainant or any matter which is likely to lead to the identification of the complainant: Crimes Act 1900 (NSW), s 578A.

The name of a person must not be published or broadcast in a way that connects the person with the proceedings: Children…

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AGLC
Collins v The Queen [2020] NSWCCA 198
Case
[2020] NSWCCA 198
Decision Date

CaseChat Overview and Summary

The case of Collins v R involved an appeal against conviction by the respondent on multiple charges of sexual offences against the same child complainant. The crux of the matter lay in the reliability and credibility of the complainant’s testimony as the sole direct evidence of the alleged offences. The jury returned a mixed verdict, acquitting the respondent of three counts while convicting him of three others. The appeal centred on whether the acquittals on certain counts necessarily undermined the credibility of the complainant’s evidence to such an extent that the remaining convictions could not reasonably be supported.

The central legal issue before the court was whether the acquittals on some counts, which involved similar acts against the same complainant, diminished the overall credibility of her evidence to the point where the convictions could not be considered reasonable. The respondent argued that the acquittals should have led to an acquittal on all counts, as the jury's acceptance of the complainant's evidence in part but not in full indicated an inconsistency that rendered the convictions unsafe and unsatisfactory. The court had to determine whether the jury's partial acceptance of the complainant's evidence could logically coexist with the remaining convictions.

The court found that the jury’s decision to acquit on some counts did not necessarily mean that the remaining convictions were unreasonable. The jury, as the trier of fact, was entitled to accept parts of the complainant’s testimony while rejecting other parts. This selective acceptance does not automatically cast doubt on the overall credibility of the evidence supporting the convictions. The court held that the jury’s verdict could be upheld if there was a reasonable basis for the convictions based on the evidence presented. In this case, the jury had a rational basis to convict on the remaining counts, and therefore, the convictions were not unreasonable. The appeal was dismissed, and the convictions were affirmed.

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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