Andrew O’Brien appeared for the appellant on the specific error ground, instructed by Fisher Dore.
The judgment concerned an appeal against conviction, regarding a previous judgment where the appellant was found guilty with three counts of rape.
The grounds of appeal were whether the verdicts were unreasonable by reason of inconsistencies in the complainant’s evidence, which ought to have created reasonable doubt of guilt for the jury, and whether there was a specific error by reason of failure to properly direct the jury on the evidentiary use of an earlier sexual encounter between the complainant and the appellant.
The Court unanimously held that the verdicts were not unreasonable. The majority also found that the trial judge adequately directed the jury in relation to the Crown prosecutor’s submission and did not cause a miscarriage of justice. The Court ultimately dismissed the appeal.
The judgment can be read by clicking here
