The Director of Public Prosecutions v Brian Gordet Maan

The Director of Public Prosecutions appealed to the Court of Criminal Appeal of New South Wales against the acquittal of Brian Gordet Maan. The central dispute concerned whether the trial judge, in reaching a verdict of not guilty, had erred in law by compartmentalising the evidence presented. The Crown's case relied heavily on the evidence of the complainant, and the trial judge was required to determine which of two competing versions of events was to be believed.

The Court of Criminal Appeal was required to determine whether the trial judge had made an error of law in their assessment of the evidence. Specifically, the court considered whether the judge had improperly compartmentalised the evidence, particularly in relation to the complainant's testimony and any potential evidence of consciousness of guilt. The court also considered whether there was any independent evidence that could corroborate the complainant's version of events, and whether the judge's findings on this point constituted an error of law.

In dismissing the appeal, the Court of Criminal Appeal held that the trial judge had not erred in law. The court found that the judge was compelled to concentrate on the competing versions of events presented by the prosecution and the defence. The judge's assessment of the evidence, including any circumstantial evidence pointing to consciousness of guilt and the presence or absence of corroboration, was considered to be an issue of fact. As no error of law was identified in the trial judge's approach, the appeal was dismissed.