R v D

The appellant, D, was charged with eight counts of indecency in relation to a child complainant. The case came before the court following an appeal against the verdict and conviction. The appellant was acquitted of seven of the counts but found guilty on one count. The court was tasked with determining whether the appeal against the conviction should be upheld on the grounds that the verdict was unreasonable or insupportable.

The central legal issue was whether the evidence was sufficient to support the conviction on the single count where the appellant was found guilty. The evidence relied upon was solely from the child complainant, and the jury must have had reasonable doubt about the child's credibility. The court had to consider whether, despite this doubt, enough evidence remained to make it unsafe to convict the appellant.

The court held that the evidence was such that a reasonable jury could have acquitted the appellant of the count in question. The jury’s acquittal on the other seven counts indicated that they had reasonable doubts about the child's credibility. Consequently, the court concluded that the conviction on count 5 was unreasonable or insupportable. The appeal was allowed, and the verdict and conviction were set aside. A verdict and judgment of acquittal were entered in respect of count 5.