Kramer v R; R v Kramer

The appellant was convicted of one count of sexual intercourse without consent and sentenced to a community correction order. The respondent appealed against both the conviction and the sentence. The appeal against conviction was based on the argument that the jury should have entertained a reasonable doubt as to whether the sexual intercourse occurred, given the complainant's statements and the appellant's subsequent text messages. The appeal against sentence argued that the sentence was manifestly inadequate due to the sentencing judge's error in finding the objective seriousness of the offence and the imposition of a community correction order.

The court considered whether the jury should have had a reasonable doubt about the sexual intercourse occurring, given the complainant's clear communication of not wanting to engage in penile/vaginal intercourse and the appellant's denial of such intercourse. The court also examined whether the jury should have been directed to consider the appellant's admissions in his text messages, despite the appellant's counsel resisting such a direction. The court held that the evidence was sufficient for the jury to find the appellant guilty beyond reasonable doubt and that the failure to give an admissions direction did not affect the verdict. The court also noted that the reasoning for consciousness of guilt requires more than merely submitting the appellant lied.

The court dismissed the appeal against conviction. Regarding the appeal against sentence, the court found that the sentencing judge erred in assessing the objective seriousness of the offence, as the appellant had actual knowledge of the complainant's lack of consent. The court held that the imposition of a community correction order was manifestly inadequate and that the appeal against sentence was dismissed. The court exercised its residual discretion and also dismissed the appeal against sentence.