Makarov v The Queen (No. 2)

The case of Makarov v The Queen (No. 2) involved an appeal against the conviction of the Appellant for sexual assault offences. The complainant in the case was a concert pianist student of the Appellant. The Appellant raised several grounds of appeal, including claims of unfairness against the Crown Prosecutor, the assertion that acquittal on one count rendered his convictions unreasonable, and that the trial miscarried due to the failure to provide simultaneous headphone translation facilities. The court was tasked with determining the validity of these claims.

The court examined each of the Appellant's grounds of appeal. Firstly, the court rejected the Appellant's claim that the acquittal on one count rendered his convictions unreasonable, finding that there was a rational basis for the different verdicts. Secondly, regarding the issue of fairness, the court found no misconduct on the part of the Crown Prosecutor. The court also dismissed the Appellant's claim that the trial miscarried due to the absence of simultaneous translation facilities, finding that this did not amount to a miscarriage of justice. Furthermore, the court rejected the Appellant's submission that the jury's verdicts were based on false evidence given by the complainant and another witness, Mr Thomson. The court held that there was no basis for finding that the jury’s verdicts were unreasonable, and that the evidence presented did not establish a miscarriage of justice.

In conclusion, the court found no merit in any of the Appellant's grounds of appeal. The court dismissed the appeal against conviction, finding that no error had been established and that the Appellant's claims of unfairness, miscarried trial, and false evidence were without foundation. The convictions were upheld, and the appeal was dismissed in its entirety.