Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: TWM v R [2018] NSWCCA 276 Hearing dates: 20 April 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Before: Fullerton J at [1];
Davies J at [70];
N Adams J at [71]Decision: 1. Leave to appeal is granted.
2. The appeal is dismissed.Catchwords: CRIMINAL LAW – appeal against conviction – indictment containing multiple counts of sexual offences with respect to one complainant – verdicts of guilty returned on seven counts and verdicts of not guilty on three counts – significance of acquittals when considering reasonableness of guilty verdicts – significance of jury’s rejection of complainant’s evidence on one count on the assessment of reliability in respect of other counts – whether it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty – whether verdicts unreasonable – whether rational basis existed for the difference in the verdicts returned Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 61O(2), 66A
Criminal Appeal Act 1912 (NSW), s 5(1)(b)Cases Cited: A reference by the Attorney General for the State of New South Wales under s 77(1)(b) of the Crimes (Appeal and Review) Act 2001 re the conviction of Frederick Lincoln McDermott [2013] NSWCCA 102
M v The Queen (1994) 181 CLR 487; [1994] HCA 63
MC v R [2017] NSWCCA 274
MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35
Merrick v R [2017] NSWCCA 264
R v Jefferies [1969] 1 QB 120
R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290
R v Rowe [1955] 1 QB 573
R v Stringer [2000] NSWCCA 293
SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13
Sen v The Queen (1991) 30 FCR 173
Stanford v R [2018] NSWCCA 249
TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151Category: Principal judgment Parties: TWM (Applicant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
A Hughes (Applicant)
E Balodis (Crown)
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2013/379765 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 23 September 2016
- Before:
- Armitage DCJ
- File Number(s):
- 2013/379765
Judgment
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FULLERTON J: The applicant seeks leave pursuant to s 5(1)(b) of the Criminal Appeal Act 1912 (NSW) to appeal his convictions after a jury returned verdicts of guilty on 7 of 10 counts alleging a range of sexual offences between 2004 and 2010 committed against KR, a child aged between 4 years and 10 years at the time of the offending.
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On 15 December 2016 the applicant was sentenced to imprisonment for 9 years with a non-parole period of 6 years.
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The appeal was heard on 16 March 2018. The Court reserved its decision on that day. In late May 2018 the Court was advised that the applicant died of natural causes on 13 May 2018.
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The indictment presented at the applicant’s trial in September 2016 contained…
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- AGLC
- TWM v The Queen [2018] NSWCCA 276
- Case
- [2018] NSWCCA 276
- Decision Date
CaseChat Overview and Summary
The court considered the significance of the acquittals in assessing the reasonableness of the guilty verdicts. It examined whether the jury's rejection of the complainant's evidence on one count impacted the assessment of reliability in respect of the other counts. The court also evaluated whether a rational basis existed for the difference in the verdicts returned. The central issue was whether it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of the offences for which he was convicted.
The court found that the jury's verdicts, while seemingly inconsistent, were not unreasonable. The court held that the jury was entitled to accept the complainant's evidence in part and reject it in other respects, provided there was a rational basis for doing so. The court held that the acquittals did not necessarily undermine the reliability of the evidence accepted by the jury. The verdicts were deemed to be within the range of possible outcomes that a properly directed jury could reach. The appeal was dismissed, and the convictions were upheld.
The High Court confirmed that the jury's verdicts were rational and based on a proper consideration of the evidence. The court emphasised that the jury's role is to assess the credibility of the evidence and make findings of fact, provided those findings are supported by a rational basis. The court held that the acquittals did not necessarily indicate a lack of reliability in the evidence accepted by the jury. The convictions were affirmed, and the appeal was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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