R v TU

The appellant, TU, was found guilty by a jury in the Supreme Court of South Australia of one count of indecent treatment of a child under 16 under 12 while under his care and one count of indecent treatment of a child under 16. He appealed against his conviction to the Court of Criminal Appeal of South Australia. He argued that the verdicts of guilty on counts 1 and 3 were unreasonable and inconsistent with his acquittal on count 2. The appeal was dismissed.

The primary legal issue before the Court of Criminal Appeal was whether the verdicts were unreasonable or insupportable having regard to the evidence. The court considered whether the jury had a reasonable basis to find the appellant guilty on counts 1 and 3, and whether the acquittal on count 2 was inconsistent with those findings. The court examined the evidence presented at trial, the legal principles applicable to appeals against conviction, and the role of the jury in evaluating the evidence.

The Court of Criminal Appeal found that the jury was entitled to conclude that the appellant had committed the offences on counts 1 and 3. The court found that the evidence was sufficient to support a guilty verdict on both counts, and that the jury's conclusion was not unreasonable or inconsistent with the acquittal on count 2. The court held that the jury was entitled to consider the evidence in relation to each count separately, and that the acquittal on count 2 did not necessarily mean that the appellant was innocent of the other counts. The court found that the appeal against conviction was without merit, and dismissed the appeal.