McCann v R

McCann was charged with sexual assault. The case was heard by the High Court of Australia. The complainant alleged that McCann sexually assaulted her on three separate occasions. The jury returned inconsistent verdicts, convicting McCann on the second count and acquitting him on the first and third counts. The second and third counts were alleged to have occurred on the same occasion.

The court was required to decide whether the conviction on the second count could stand given the inconsistent verdicts. The court considered the reliability of the complainant's evidence and whether there was anything to conclude that her evidence on the second count was more reliable than on the other counts. The court also considered the relevance of the lengthy jury deliberations and the reactions of the trial judge and counsel to the jury's verdicts. The court found that there was nothing to conclude that the complainant's evidence on the second count was more reliable than on the other counts. The lengthy jury deliberations and the reactions of the trial judge and counsel to the jury's verdicts did not assist in resolving the issue of the reliability of the complainant's evidence.

The court held that the conviction on the second count could not stand and quashed the conviction. The court entered a verdict of acquittal on the second count. The court found that the acquittal on the first and third counts meant that there was insufficient evidence to support a conviction on the second count. The court did not consider it appropriate to order a retrial on the second count given the inconsistent verdicts and the lack of evidence to support a conviction.