Enoka v R [2022] NSWCCA 272

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Enoka v R [2022] NSWCCA 272 Hearing dates: 04 November 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Before: Garling J at [1] Adamson J at [145] Button J at [146] Decision: (1) Grant leave to appeal; (2) Dismiss the appeal. Catchwords: CRIME — Appeals — Appeal against conviction — Inconsistent verdicts — Applicant charged with one count of intentionally choking, one count of aggravated sexual assault and nine counts of sexual intercourse without consent — Jury found the applicant guilty of intentionally choking but not guilty of each other count — Where the events founding the 11 counts were intertwined temporally and contextually — Whether there was any logical basis to distinguish the verdicts — Distinguishing factors included the different elements of the offences, the different availability and quality of objective evidence and the different quality of complaint evidence — Appeal dismissed Legislation Cited: Crimes Act 1900 ss 37(1), 61I, 61J(1) Criminal Appeal Act 1912 s 5(1)(b) Cases Cited: Dadley v R [2021] NSWCCA 267 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Roos v R [2019] NSWCCA 67 Texts Cited: Not applicable Category: Principal judgment Parties: Tuii Enoka (Applicant) The Crown (Respondent) Representation: Counsel: L Brasch / J Leaver (Applicant) S Traynor (Respondent)