Kim v R

In the case, Kim appealed against convictions for one count of sexual intercourse without consent and one count of assault, following a trial in the Supreme Court of Victoria. The applicant was acquitted on a second count of sexual intercourse without consent, related to similar conduct but involving a different complainant. The applicant argued that the jury’s mixed verdicts were irreconcilable and that the guilty verdicts were unreasonable and unsupported by evidence.

The court examined whether the jury’s mixed verdicts were inconsistent, and whether the guilty verdicts were unreasonable in light of the evidence presented. The applicant contended that the jury must have believed the applicant’s evidence in relation to the acquitted count if they also believed the complainant in relation to the guilty count. The court considered the principle that a jury is entitled to accept some but not all of a witness's evidence, and whether the jury’s verdicts were logically possible.

The Court of Appeal found that the jury’s verdicts were not irreconcilable and could be logically sustained. The court held that the jury was entitled to believe some of the evidence of the applicant and some of the evidence of the complainants, and that the verdicts were not unreasonable. The mixed verdicts were seen as a reflection of the jury’s assessment of the differing credibility of the evidence relating to each count. Consequently, the appeal was dismissed, and the convictions were upheld.

The court did not make any further orders beyond dismissing the appeal and upholding the convictions.