Daaboul v R [2019] NSWCCA 191

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Daaboul v R [2019] NSWCCA 191 Hearing dates: 5 June 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Before: Bathurst CJ at [1]; Bell P at [299]; Hamill J at [312] Decision: (1) Grant the applicant leave to appeal. (2) Quash the conviction of the applicant on Count 8 of the indictment dated 9 July 2018 and in lieu thereof enter a verdict of acquittal. Catchwords: CRIME – Appeals – Appeal against conviction – Inconsistency of verdicts – Jury failed agree on Counts 1-7 – Jury convicted on Count 8 –– Count 7 and 8 arose out of same incident - Count 7 concerned allegation of choking so as to render complainant incapable of resistance with intention of enabling applicant to commit sexual assault - Count 8 concerned allegation of aggravated sexual assault where applicant inflicted actual bodily harm by choking complainant – Whether conviction on Count 8 is inconsistent with the failure of jury to agree on Counts 1-7 - Whether principles of inconsistent verdicts apply where failure to agree by jury.

CRIME – Appeals – Appeal against conviction – Unreasonable verdict – Failure by jury to agree on Counts 1-7 – Jury convicted on Count 8 – Whether reasonable doubt that the applicant committed the offence notwithstanding advantage of jury - Assessment of credibility of the complainant and supporting evidence.

CRIME – Sexual offences – Aggravated sexual assault – Assault complainant occasioning actual bodily harm – s 61J(1) Crimes Act 1900.

CRIME – Sexual offences – Sexual assault – 5 counts - s 61I Crimes Act 1900.