http://www.austlii.edu.au/au/cases/vic/VSCA/2014/345.html
CRIMINAL LAW – Appeal – Conviction – Incest – Conviction on four charges of incest, acquitted of one charge – Jury unable to reach verdicts on three other charges – Whether verdicts inconsistent with acquittal and jury disagreement on other charges – Whether convictions unsafe and unsatisfactory – Complainant’s memory lapse in cross-examination – Clear account in VARE interview – Jury entitled to act on evidence – Verdicts not unsafe – Reasonable explanation for differential outcomes – R v MacKenzie (1996) 190 CLR 248; Pillay v The Queen [2014] VSCA 249 applied – Appeal dismissed.
CRIMINAL LAW – Trial – Jury directions – Unreliable witnesses – Defence counsel requested warning – Jury directed to assess reliability and weight – No error – Jury Directions Act 2013 ss 11, 14, 15; Evidence Act 2008 s 165.