NYL v The State of Western Australia

The appellant, NYL, appealed against his convictions in the District Court of Western Australia for two counts of indecently dealing with a child under the age of 16 years. The appellant was acquitted of the offence of having a sexual relationship with a child under 16 years of age and of four counts of sexual penetration of the complainant, a child of or over the age of 13 years and under the age of 16 years. The appeal was heard by the Court of Appeal of Western Australia, which dismissed the appeal. The appellant's first ground of appeal was that the verdicts of 'guilty' of the two indecent dealing offences were unreasonable or could not be supported having regard to the evidence. The Court of Appeal held that the jury had the advantage of seeing and hearing the complainant give evidence over two days and be subject to a searching cross-examination. The jury's advantage in seeing and hearing the evidence was capable of resolving any doubt that the Court of Appeal may have as to the veracity of the complainant's evidence about the indecent dealing offences. The jury's verdicts on the indecent dealing offences were not unreasonable and were supported by evidence that the jury was entitled to accept. The second ground of appeal was that the verdicts of 'guilty' of the indecent dealing offences were inconsistent with the verdicts of 'not guilty' of the other offences. The Court of Appeal held that the jury's verdicts were consistent with the jury finding the complainant's evidence to be generally credible and reliable but, applying the Longman direction they had been given, gave the appellant the benefit of the doubt in relation to the second and fourth incidents. The Court of Appeal held that there was no merit in the appeal and dismissed it. Leave to appeal was refused and the appeal was dismissed.