Ss v R

[2025] NSWCCA 153

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Unreasonable verdict
5. › Whether it was open to the jury to be satisfied beyond reasonable doubt
6. › Where complainant mistaken as to sequence of events
7. › Criminal Appeal Act 1912 (NSW), s 6
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Inconsistent verdicts
5. › Whether verdicts of guilty inconsistent with failure to reach verdict on remaining counts at first trial
6. › Whether verdicts of guilty inconsistent with acquittals at second trial
7. › Obligation of jury to treat all counts separately
8. › Criminal Appeal Act 1912 (NSW), s 6
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Fresh evidence
5. › Whether evidence of witness was 'fresh'
6. › Where evidence available to applicant through exercise of reasonable diligence
7. › Criminal Appeal Act 1912 (NSW), s 6

Quick Take

A complainant's mistake as to the date or sequence of events does not render a conviction unreasonable where the mistake is explicable by the complainant's young age and delay in disclosure, and where the occurrence of the relevant conduct is not in dispute.

Case Details

Citation[2025] NSWCCA 153

CourtNSWCCA

JurisdictionNew South Wales

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Relies on12

2024Omigie v RNSWCCA 205
2024Ferguson v RNSWCCA 81
2023Ho v RNSWCCA 245
2023Jl v RNSWCCA 99
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