R v SCH

The case of R v SCH involved an appellant who was acquitted of one count of rape and convicted of an alternative count of indecently dealing with a child under 12 years under his care. The appellant appealed against his conviction, arguing that the verdict was unreasonable or insupportable having regard to the evidence. The appeal was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the verdict was unreasonable or insupportable having regard to the evidence. The court had to determine whether the evidence was sufficient to establish the appellant’s guilt beyond reasonable doubt, considering the inconsistencies and contradictions in the complainant’s evidence. The court also needed to assess whether the jury had an adequate basis for concluding that the appellant was guilty of the offence.

The court concluded that the jury’s verdict was unreasonable or insupportable having regard to the evidence. The complainant’s evidence was inconsistent and contradictory, and the court was not satisfied that the evidence was sufficient to establish the appellant’s guilt beyond reasonable doubt. The court noted that the complainant’s evidence was difficult to understand, and the inconsistencies and contradictions in her account undermined her credibility. The court also noted that the evidence of the other witnesses did not support the complainant’s account of events.

The court allowed the appeal and quashed the appellant’s conviction on count 2. The court entered a verdict of acquittal on count 2.