Kassab (a pseudonym) v R

The case of Kassab (a pseudonym) v R concerned an appeal against conviction for various criminal offences. The applicant was convicted but acquitted on certain counts. The key issues before the court were whether the verdicts were inconsistent or unreasonable, whether the trial judge erred in failing to exclude evidence obtained through EMDR therapy, and whether the trial judge erred in admitting evidence of complaints made many years after the alleged offences. The court examined the credibility of the complainants, the impact of EMDR therapy on the complainants' evidence, and the admissibility of the delayed complaints under s 66(2) of the Evidence Act.

The court found that the verdicts were not inconsistent or unreasonable despite the complainants' accounts being improbable. The court accepted that the jury's doubts about the complainants' credibility led to acquittals on certain counts. Regarding the EMDR therapy, the court held that the trial judge's findings on hypnosis were findings of fact and that there was no demonstrated error. The court also found that the trial judge did not err in admitting evidence of complaints made to friends, partners, and relatives, as the events were likely to remain fresh in the memory for many years and the complaints were made consistently over time.

In conclusion, the court upheld the convictions, finding no error in the trial judge's handling of the evidence. The court found that the jury's doubts were properly considered in acquitting the applicant on certain counts, that the evidence obtained through EMDR therapy was properly admitted, and that the delayed complaints were properly admitted as being fresh in the memory of the complainants. The appeal against conviction was dismissed.