Dawson v R

[2025] NSWCCA 85

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Appeal against conviction
4. › Judge-alone trial
5. › Whether trial judge erred in treatment of evidence relevant to timing of offence
6. › Whether evidence taken into account only as to credibility or also on ultimate question of proof beyond reasonable doubt
7. › Crimes Act 1900 (NSW), s 73
8. › Criminal Procedure Act 1986 (NSW), s 132
1. Criminal Law
2. › Appeals
3. › Appeal against conviction
4. › Unreasonable verdict
5. › Judge-alone trial
6. › Independent assessment of evidence by appellate court
7. › Whether evidence sufficient in nature and quality to eliminate reasonable doubt
8. › Advantage of trial judge in seeing and hearing witnesses
9. › Whether advantage capable of resolving doubt as to reliability rather than credibility
1. Criminal Law
2. › Appeals
3. › Appeal against conviction
4. › Burden and standard of proof
5. › Whether trial judge required to make finding on intermediate fact not essential element of offence
6. › Whether unresolved factual possibilities necessarily give rise to reasonable doubt

Quick Take

Where a trial judge finds that competing possibilities exist as to an intermediate fact (not an essential element of the offence), neither possibility necessarily gives rise to a reasonable doubt; the evidence and competing possibilities must be weighed in the balance on the ultimate question of proof beyond reasonable doubt.