MHS v WA

[2024] WASCA 85

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Inconsistent verdicts
4. › Conviction on one count and acquittal on other counts relating to same complainant
5. › Whether evidence in respect of counts was materially the same
6. › Whether verdicts can stand together as exercise in fact-finding based on logic and reasonableness
1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Whether conviction unsupported by evidence
5. › Child sexual offences
6. › Credibility and reliability of complainant
7. › Criminal Appeals Act 2004 (WA), s 30(3)(a)

Quick Take

Conviction challenges on inconsistent verdict grounds require demonstration that the evidence on the count of conviction was materially the same as on the counts of acquittal; where count-specific inconsistencies or evidentiary weaknesses explain the acquittals, the verdicts may be reconciled.