SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0101
| DARREN CHESTER (A PSEUDONYM)[1] | Applicant |
| v | |
| THE QUEEN | Respondent |
[1]To ensure that there is no possibility of identification of the victim of the sexual offending, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.
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| JUDGES: | BEACH, KAYE and EMERTON JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 7 August 2020 |
| DATE OF JUDGMENT: | 28 September 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 254 |
| JUDGMENT APPEALED FROM: | [2018] VCC 1713 (Judge Gucciardo) |
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CRIMINAL LAW – Appeal – Conviction – Application for leave to appeal against conviction – Complainant biological daughter of applicant – Complainant has intellectual disability – Applicant charged with incest and indecent acts with child under 16 – Offences alleged between 1996 and 2002 when complainant aged between eight and 14 years –Applicant convicted of two charges of incest and one charge of indecent assault – Applicant acquitted on ten other charges – Whether verdicts of guilty unreasonable and could not be supported having regard to the evidence – Crown case reliant on evidence of complainant – Substantial inconsistencies in complainant’s evidence – Whether any rational basis for distinguishing between counts – Application for leave to appeal granted – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr J Connolly | Stary Norton Halphen |
| For the Respondent | Ms A Ellis | Ms A Hogan, Solicitor for Public Prosecutions |
BEACH JA:
The background of this matter is set out in the reasons for judgment of Emerton JA, which I have had the benefit of reading. The detail in her Honour’s reasons relieves me of the obligation of setting out much of the background to this proceeding, and I gratefully adopt her Honour’s summary of the evidence and the issues between the parties.
The applicant was tried in the County Court on 13 charges of sexual offending against his daughter between 1996 and 2002, when she was aged between eight and 14 years. The jury acquitted him of ten of the charges, but found him guilty on three charges (charges 5, 6 and 13).
The applicant’s sole ground of appeal against his convictions is that the guilty verdicts returned on charges 5, 6 and 13 were illogical and unreasonable having regard to the not guilty verdicts returned on the other ten charges.
Emerton JA would grant leave to appeal, allow the appeal in relation to charge 6, but dismiss the appeal in relation to charges 5 and 13. I agree with her Honour that leave to appeal should be granted. I also agree that the appeal should be dismissed in respect of charges 5 and 13. I disagree with her Honour, however, in relation to charge 6. For the reasons which follow, I would dismiss the appeal in relation to that charge as well.
The Crown case
The Crown case was heavily dependent upon the evidence of the complainant, who has an intellectual disability. Her evidence was recorded at a special…
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- Case
- [2020] VSCA 254
- Decision Date
CaseChat Overview and Summary
The primary legal issues were whether the verdicts were unreasonable and whether there was any rational basis for distinguishing between the counts. The court examined the complainant's evidence, noting inconsistencies and the impact of her intellectual disability on her reliability. The court also considered whether the evidence supported the distinctions made between the different charges. The appeal hinged on whether the jury could have reasonably concluded that Chester was guilty based on the evidence presented.
The court found that the inconsistencies in the complainant's evidence did not render the verdicts unreasonable. The court held that the jury was entitled to consider the complainant's evidence, despite its inconsistencies, and could reasonably conclude that Chester was guilty. The court also found that there was a rational basis for distinguishing between the counts, as the charges involved different acts and time periods. Consequently, the application for leave to appeal was granted, but the appeal was ultimately dismissed.
No additional orders were made beyond the dismissal of the appeal.
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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