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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Sullivan v DPP | |
Citation: | [2025] ACTCA 53 | |
Hearing Date: | 8 August 2025 | |
Decision Date: | 18 December 2025 | |
Before: | McCallum CJ, Mossop and Taylor JJ | |
Decision: | (1) The appeal is dismissed. | |
Catchwords: | APPEAL – CRIMINAL LAW – Inconsistent verdicts – where appellant charged with four counts of sexual intercourse without consent, one count of act of indecency without consent, and one count of assault occasioning actual bodily harm, all arising out of one incident – where appellant found guilty of three counts and not guilty of three counts – whether acquittals attributable only, or principally, to doubt about complainant’s credibility or compromise by jury – where jury entitled to judge facts for itself, and not bound by parties’ case theories – where verdicts reached were rationally open to jury acting reasonably and paying proper attention to the elements of each offence – appeal dismissed | |
Legislation Cited: | Crimes Act 1900 (ACT), ss 24, 54, 60 | |
Cases Cited: | Hudson v DPP [2024] ACTCA 28 MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82 TK v The Queen [2009] NSWCCA 151; 74 NSWLR 299 Williams v DPP [2024] ACTCA 24 | |
Parties: | Jake Sullivan ( Appellant) Director of Public Prosecutions ( Respondent) | |
Representation: | Counsel S Howell ( Appellant) T Hickey with K McCann ( Respondent) | |
| Solicitors Hugo Law Group ( Appellant) ACT Director of Public Prosecutions ( Respondent) | |
File Number: | ACTCA 31 of 2024 | |
Decision Under Appeal:
| Court: | ACT Supreme Court |
Before: | Baker J | |
Date of Decision: | 24 September 2024 | |
Case Title: | DPP v Sullivan | |
Court File Number: | SCC 322 of 2022 | |