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Judgment date
Case number
S38/2002
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords
Criminal law – Appeal - Indictment containing multiple counts of sexual offences with respect to one complainant - Verdicts of guilty on two counts and acquittals on the remaining counts - Whether verdicts unreasonable - Significance of acquittals when considering unreasonableness of guilty verdicts - Test for determination of unreasonableness of jury's verdict - Significance of disparities in evidence and failure of prosecution to call witness.
Criminal law and practice – Court of Criminal Appeal - Whether error shown in Court of Criminal Appeal's reasons - Whether proceedings should be returned to that Court - Whether High Court should perform appellate reconsideration.
Word and phrases – "unreasonable, or cannot be supported, having regard to the evidence".
Criminal Appeal Act 1912 (NSW) – s 6(1).