| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0118 |
| SRIRANJAN SRIRANGANATHAN | Applicant |
| v | |
| THE KING | Respondent |
---
| JUDGES: | PRIEST, NIALL and TAYLOR JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 10 October 2024 |
| DATE OF JUDGMENT: | 31 October 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 257 |
| JUDGMENT APPEALED FROM: | DPP v Sriranganathan (County Court of Victoria, Judge Karapanagiotidis, 14 June 2023) |
---
CRIMINAL LAW – Appeal – Rape – Whether verdict of guilt on rape charge inconsistent with verdicts of acquittal on other rape charges – Logical and reasonable basis for different verdicts – Whether trial miscarried due to enlargement of prosecution case – No miscarriage of justice where trial counsel for applicant identified no prejudice from enlargement – Leave to appeal refused.
Criminal Procedure Act 2009, ss 182, 224, 233; Jury Directions Act 2015, s 46.
King v The Queen (1986) 161 CLR 423; MFA v The Queen (2002) 213 CLR 606; Parker (a pseudonym) v The Queen [2021] VSCA 348; R v Tangye (1997) 92 A Crim R 545, considered.
---
| Counsel | |||
| Applicant: | Mr G Chipkin | ||
| Respondent: | Mr D Glynn | ||
Solicitors | |||
| Applicant: | Doogue and George | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
PRIEST JA:
I have had the considerable advantage of reading in draft the reasons for judgment of Niall and Taylor JJA. For the reasons they advance, I agree that the application for leave to appeal against conviction should be refused. In addition, however, I wish to add some brief observations of my own concerning ground 2.
For the purposes of the applicant’s trial, the elements of the offence of rape were: first, the applicant intentionally sexually penetrated the complainant, ‘LH’; secondly, LH did not consent to that penetration; and, thirdly, the applicant did not reasonably believe that LH consented to the penetration.[1]
[1]Crimes Act 1958 (as amended by the Crimes Amendment (Sexual Offences) Act 2016), s 38(1).
At the time of the alleged offence, circumstances in which a person did not consent to an act of sexual penetration included, but were not limited to, where the person was so affected by alcohol as to be incapable of consenting (or withdrawing consent) to the act.[2]
[2]Ibid ss 36(2)(e) and (f).
If the prosecution seeks to establish a complainant’s lack of consent based upon an allegation that the complainant was so affected by alcohol as to be incapable of consenting (or withdrawing consent) to the relevant act of sexual penetration, then it is incumbent upon the prosecution to open the case to the jury on that basis.[3] As I said in Parker:[4]
In a trial for rape (or other sexual offence), if reliance is sought to be placed on s 36(2)(e) [of the Crimes Act 1958] as a basis for conviction, axiomatically it is incumbent upon the prosecution in unequivocal terms to disclose that reliance from the outset. A person accused of rape (or other sexual offence) is entitled to know before a trial begins the manner in…
Keep reading for free
Create a free CaseChat account to read Sriranjan Sriranganathan v The King and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] VSCA 257
- Decision Date
CaseChat Overview and Summary
The court considered the legal principles established in previous cases such as King v The Queen, MFA v The Queen, Parker v The Queen, and R v Tangye. It held that the jury's verdicts could be consistent if there was a logical and reasonable basis for the different verdicts, and that a trial did not necessarily miscarry simply because the prosecution case was enlarged during the trial. The court found that the trial counsel for the appellant had identified no prejudice from the enlargement of the prosecution case, and therefore, there was no miscarriage of justice.
Based on the reasoning and legal principles, the court found that there was a logical and reasonable basis for the different verdicts, and that the trial did not miscarry due to the enlargement of the prosecution case. The appeal was dismissed, and leave to appeal to the Court of Appeal was refused. The appellant's conviction for rape was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.