CR v R

The appeal in CR v R involved the conviction of the applicant on two counts of sexual intercourse with a child under the age of ten, in circumstances of aggravation. The applicant challenged the conviction on the grounds that the verdict was unreasonable and not supported by the evidence, citing inconsistencies in the complainant's testimony and the absence of corroborating evidence. The crux of the appeal was whether the jury's decision, based on the complainant's testimony, was reasonable and could be supported by the evidence presented.

The legal issues before the court were whether the verdict was unreasonable, whether it could be supported by the evidence, and whether the lack of corroboration and inconsistencies in the complainant's testimony rendered the conviction unsafe. The applicant argued that the complainant's testimony contained significant inconsistencies, particularly regarding the timing and frequency of the alleged assaults, and that the absence of corroborating evidence, including medical evidence of injuries, cast doubt on the occurrence of penetrative acts. The court needed to determine if these issues were sufficient to undermine the jury's verdict.

The court found that the evidence was largely a question for the jury, who had the advantage of seeing and hearing the complainant. The court emphasised that the jury was entitled to consider the complainant's testimony and decide whether they were satisfied beyond reasonable doubt of the applicant's guilt. Despite the lack of corroboration and inconsistencies noted by the applicant, the court concluded that it was open to the jury to find the applicant guilty based on the complainant's testimony. The appeal was dismissed, with the court reaffirming the importance of the jury's role in assessing witness credibility and the weight of evidence in criminal trials.

The final orders of the court were that the appeal against conviction was dismissed. The sentences imposed by the trial judge were confirmed, and the applicant's conviction on both counts remained intact.