Regina v To

Regina, appellant, sought leave to appeal against her conviction and sentence in the Supreme Court of Victoria. The respondent, To, was convicted of a number of sexual offences against a child. The appeal was heard in the Court of Appeal of the Supreme Court of Victoria. The appeal against conviction and sentence was dismissed.

The appellant challenged her conviction on the basis of the identification evidence, the weight of the DNA evidence, and the trial judge's directions to the jury about the coincidence evidence. The Court of Appeal found that the evidence against the appellant was overwhelming. The trial judge's directions on coincidence evidence were not deficient, and the jury was properly directed on the need to be satisfied beyond reasonable doubt. The evidence on some counts was also admissible on all counts, and the evidence on some counts was direct while on others it was circumstantial. The jury was properly directed on the evaluation of both types of evidence. The coincidence evidence, when considered alongside the other evidence, did not give rise to a reasonable doubt.

The appeal against conviction was dismissed. The sentence was found to be appropriate and the appeal against sentence was also dismissed. The appellant's application for leave to appeal to the High Court was refused.