R v ALH

In the case of R v ALH, the applicant was convicted on seven counts out of a total of eight presentments, while being acquitted on one count. The case was heard in a court of criminal jurisdiction in Australia. The applicant faced a charge of multiple sexual offences, with the dispute centering on the consistency of the convictions and acquittals, as well as the fairness of the trial process.

The legal issues the court was required to decide involved whether the acquittal in an earlier trial, with a different complainant, led to a miscarriage of justice, and whether there was an alleged attempt by that complainant to influence the jury. Additionally, the court needed to determine whether the convictions were inconsistent with the acquittal, the adequacy of the judge's directions regarding consent and inferences, and the application of the doli capax rule to the four counts relating to offences when the applicant was under 14 years of age.

The court examined the evidence and found that the applicant's acquittal in the earlier trial did not necessarily lead to a miscarriage of justice in the present case. The court also determined that the convictions were not inconsistent with the acquittal and that the judge's directions regarding consent and inferences were adequate. Regarding the doli capax rule, the court held that the acts constituting the offences and the applicant's age at the time may be sufficient on their own to discharge the onus. The court did not follow the decision in C v. Director of Public Prosecutions [1996] A.C. 1 and held that judgments and verdicts of acquittal or a new trial should not be directed under the Crimes Act 1958, s.568(2).

The court maintained the applicant's convictions on seven counts and acquitted them on one count. The court did not order a new trial or direct any judgments of acquittal.