R v JJ

[2014] ACTCA 23

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Joyce v The Queen

Citation:

[2014] ACTCA 23

Hearing Date:

8 August 2014

DecisionDate:

29 May 2015

Before:

Murrell CJ, Refshauge and Ross JJ

Decision:

The appeal is dismissed.

Category:

Principal Judgment

Catchwords:

APPEAL - indictment containing multiple counts with respect to one incident - verdicts of guilty on three counts and acquittals on the remaining counts - whether verdicts inconsistent - verdicts explicable by reference to medical and complaint evidence - verdicts not inconsistent.

Legislation Cited:

Supreme Court Act 1933 (ACT) s 37O(2)

Cases Cited:

Mackenzie v The Queen (1996) 190 CLR 348

MFA v The Queen (2002) 213 CLR 606
R v ACK [2000] NSWCCA 180
R v Asplin [1999] WASCA 148
R v Durante [1972] 1 WLR 1612
R v Hunt [1968] 2 QB 433
R v Kirby (1972) 56 Cr App R 758

R v Stone (Unreported, Court of Criminal Appeal, Devlin J, 13 December 1954)

Texts Cited:

James Richardson QC (ed), Archbold: Criminal Pleading, Evidence and Practice (Sweet & Maxwell Ltd, 1995)

Parties:

Geoffrey William Joyce (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr R Livingston (Appellant)

Ms M Jones (Respondent)

Solicitors

Craig Lynch & Associates (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 6 of 2014

Decision under appeal: 

Court:  Supreme Court of the ACT

Before:  Penfold J

Date of Decisions:       16 December 2013 and 5 February 2014

Case Title:  R v Geoffrey William Joyce

Court File Number:       SCC 206 of 2012

THE COURT:

1. The appellant was tried in the Supreme Court on 10, 11, 12 and 13 December 2013 on the following six counts:

(a)Sexual intercourse without consent (count 1).

(b)Attempted sexual intercourse without consent (count 2).

(c)Act of indecency (count 3).

(d)Sexual intercourse without consent (count 4).

(e)Inflict actual bodily harm (count 5).

(f)Sexual intercourse without consent (count 6).

1. On 16 December 2013 a jury found the appellant guilty on counts 1, 5 and 6 and not guilty on counts 2, 3 and 4. Convictions were recorded on the three counts and the appellant was sentenced by the primary judge on 5 February 2014.

1. The appellant appeals the verdicts of guilty and orders of conviction. The ground of appeal is that the verdict of not guilty of counts 2, 3 and 4 are inconsistent with the verdicts on counts 1, 5 and 6 and are therefore unsafe and unsatisfactory.

Background

1. The undisputed facts relating to the incident can be shortly stated. At about 8pm on Friday, 16 March 2012, the complainant left her hotel room, met up with two friends, and went to a bar and later to a nightclub. After the complainant left the nightclub she became disoriented, became upset and sat down. She had her iPhone with her. The appellant approached her and asked if she had an iPhone charger. She said that she did and that she was going back to her hotel. The appellant told her that he had become separated from his friends…