Blake (a pseudonym) v The King

[2023] VSCA 52

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Unreasonable verdict
5. › Whether verdict unreasonable or unable to be supported having regard to evidence
6. › Inconsistencies in complainant's evidence
7. › Evidence of good character
8. › Text message evidence
9. › Whether open to jury to convict on whole of evidence
10. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)
1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Inconsistent verdicts
5. › Acquittal on one charge and conviction on others
6. › Whether verdicts represent affront to logic and common sense
7. › Whether rational basis for different verdicts
8. › Quality of evidence on different charges

Quick Take

An acquittal on one count of sexual offending does not render convictions on other counts inconsistent where the complainant's evidence on the acquitted count was qualitatively different (commencing with 'I don't really remember'). Text messages between an accused and complainant may provide significant support for the Crown case and may be sufficient to resolve doubts arising from inconsistencies in the complainant's oral evidence.