Gardner (a pseudonym) v The King

[2024] VSCA 83

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction
4. › Unreasonable verdict
5. › Whether jury verdict unreasonable or not supported by evidence
6. › Complainant with acquired brain injury and tendency to embellish
7. › Whether jury compelled to doubt complainant's evidence
8. › Whether corroborating evidence sufficient to support verdict
9. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Unreasonable verdict
5. › Rape
6. › Complainant's equivocation on element of offence
7. › Whether single instance of equivocation renders verdict unreasonable
8. › Whether open to jury to be satisfied on whole of evidence

Quick Take

A complainant's tendency to embellish or confabulate, even when supported by expert neuropsychological evidence, does not compel a jury to doubt the complainant's evidence where independent forensic medical evidence corroborates the account.

Case Details

Citation[2024] VSCA 83

CourtVSCA

JurisdictionVictoria

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Cited by13

2025Tran (a pseudonym) v The KingVSCA 303
2025Ward v The KingVSCA 101
2024Frendo v The KingVSCA 319
2024Bangoura v The KingVSCA 292
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