R v W

In this case, the appellant was convicted of multiple instances of indecent dealing with a girl under the age of 12 years, one count of indecent assault with aggravating circumstances, and one count of maintaining an unlawful sexual relationship with a girl under the age of 12 years. The appellant appealed against his conviction, arguing that the jury's verdict was unsafe and unsatisfactory. The case came before the court, which was required to determine whether the jury’s verdict was indeed unsafe and unsatisfactory, considering the audio recording of the police interview, the complainant’s testimony, and the discrepancies in her statements.

The court examined the reliability of the complainant’s evidence, particularly in light of her inconsistent statements when questioned at committal and during the trial. The court assessed whether, based on the entire body of evidence, it was open to the jury to be satisfied beyond reasonable doubt of the appellant’s guilt. The court considered the impact of the complainant’s faulty recollection and inconsistencies on the overall reliability of her testimony. The court also reviewed the circumstances surrounding the recording of the police interview to determine its admissibility and relevance to the case.

After a thorough review of the evidence, the court concluded that the jury’s verdict was indeed unsafe and unsatisfactory. The inconsistencies and discrepancies in the complainant’s statements, coupled with the other evidence presented, did not allow the jury to be satisfied beyond reasonable doubt of the appellant’s guilt. The court allowed the appeal and quashed the convictions, thereby acquitting the appellant of all charges. The court further ordered that the convictions be set aside, and the appellant be discharged without conviction.