Ortisi v The King

Ortisi appealed against his conviction and sentence for a series of sexual offences, including rape, committed on a single day. The jury acquitted Ortisi of all charges related to the first three incidents but found him guilty of two counts of rape and other offences related to the fourth incident. Ortisi's appeal against his conviction and sentence was heard in the High Court of Australia.

The central legal issues were whether the jury's verdicts were inconsistent, unreasonable, or unsupported by the evidence, and whether the sentence imposed was manifestly excessive. The court examined whether the jury's decision to acquit Ortisi of the first three incidents while finding him guilty of offences related to the fourth incident was logical and supported by the evidence. Additionally, the court considered whether the total effective sentence of nine years and nine months' imprisonment, with a non-parole period of six years and three months, was excessive.

The court found that the jury's verdicts were neither inconsistent nor unreasonable. The court accepted that the evidence supported the jury's findings of guilt in relation to the fourth incident and not in relation to the first three. Regarding the sentence, the court held that while the sentence was severe, it was not manifestly excessive. However, the court did determine that the sentence was excessive in relation to the totality of the offending and the circumstances of the offender. The appeal against conviction was dismissed, but the appeal against sentence was allowed. Ortisi was resentenced to six years and six months' imprisonment, with a non-parole period of four years.