SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2013 0260
| AARON PAUL O’REILLY |
| Appellant |
| v |
| THE QUEEN |
| Respondent |
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| JUDGES: | WEINBERG, PRIEST and BEACH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 4 February 2015 |
| DATE OF JUDGMENT: | 16 February 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 19 |
| JUDGMENT APPEALED FROM: | DPP v O’Reilly (Unreported, County Court of Victoria, Judge Mullaly, 22 November 2013) |
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CRIMINAL LAW – Conviction – Five counts of sexual penetration of a child under the age of 16 – Offences allegedly committed between 1996 and 1998 – Crown case principally relied on evidence of complainant – Complainant’s evidence at special hearing not consistent with particulars of charges and version of events given during VARE – Whether verdicts unsafe and unsatisfactory – Appeal allowed – Verdicts of acquittal entered.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr D A Dann | Robert Davies |
| For the Crown | Mr P B Kidd SC | Mr C Hyland, Solicitor for Public Prosecutions |
WEINBERG JA
PRIEST JA
BEACH JA:
On 25 February 2013, the appellant was convicted by a jury in the County Court, at Melbourne, on five charges of taking part in an act of sexual penetration with a child under 16 years (‘the trial offences’). He was sentenced, on 22 November 2013, as follows:
Charge Offence Maximum Sentence Cumulation 1 Taking part in an act of sexual penetration with a child under 16
[Crimes Act 1958 (Vic) s 45(2)(a)]25 years 5 years Base 2 Taking part in an act of sexual penetration with a child under 16
[Crimes Act 1958 (Vic) s 45(2)(a)]25 years 5 years 9 months 3 Taking part in an act of sexual penetration with a child under 16
[Crimes Act 1958 (Vic) s 45(2)(a)]25 years 2 years 3 months 4 Taking part in an act of sexual penetration with a child under 16
[Crimes Act 1958 (Vic) s 45(2)(a)]25 years 2 years 6 months 6 months 5 Taking part in an act of sexual penetration with a child under 16
[Crimes Act 1958 (Vic) s 45(2)(a)]25 years 5 years 1 year 3 months Total Effective Sentence: 7 years 9 months Pre-sentence Detention Declared: 288 days Other relevant orders: Sentenced as a serious sexual offender in respect of charges 3, 4, and 5, pursuant to Section 6F of the Sentencing Act 1991. Forensic sample on charges 1 to 5, pursuant to Section 464ZF(2) of the Crimes Act 1958. Registered for life as a sex offender pursuant to Section 34 of the Sex Offenders Registration Act 2004.
The appellant was also sentenced, at the same time, in respect of a further count of taking part in an act of sexual penetration with a child under 16, to which he had pleaded guilty (‘the plea offence’). That offence was committed whilst the appellant was on bail, awaiting trial for the offences referred to above and, self-evidently, concerned a different complainant. He was sentenced to 2 years and…
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- AGLC
- O'Reilly v The Queen [2015] VSCA 19
- Case
- [2015] VSCA 19
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the verdicts of guilt were unsafe and unsatisfactory, given the discrepancies in the complainant's testimony. The court had to determine if the inconsistencies were so significant that they undermined the reliability of the evidence, thus necessitating a reevaluation of the verdicts. The appellant argued that the variances in the complainant's statements were critical and warranted a reconsideration of the findings. The court, upon thorough examination, found that the discrepancies were indeed material and affected the probative value of the evidence, thereby impacting the safety and satisfaction of the verdicts.
The High Court concluded that the inconsistencies in the complainant's testimony were of such gravity that they compromised the reliability of the evidence. Consequently, the court ruled that the verdicts were unsafe and unsatisfactory. As a result, the appeal was allowed, and the verdicts of acquittal were entered. The court's decision underscored the importance of consistency and reliability in testimonial evidence, particularly in cases involving serious allegations of sexual offences against children.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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