MFA v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJMFA  APPELLANTANDTHE QUEEN RESPONDENTMFA v The Queen [2002] HCA 5314 November 2002S38/2002ORDERAppeal dismissed.On appeal from the Supreme Court of New South WalesRepresentation:P Byrne SC with J E Barnett and P J D Hamill for the appellant (instructed by Legal Aid Commission of New South Wales)R D Ellis with G E Smith for the respondent (instructed by S E O'Connor, Solicitor for Public Prosecutions (New South Wales))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMFA v The QueenCriminal law – Appeal – Indictment containing multiple counts of sexual offences with respect to one complainant – Verdicts of guilty on two counts and acquittals on the remaining counts – Whether verdicts unreasonable – Significance of acquittals when considering unreasonableness of guilty verdicts – Test for determination of unreasonableness of jury's verdict – Significance of disparities in evidence and failure of prosecution to call witness.Criminal law and practice – Court of Criminal Appeal – Whether error shown in Court of Criminal Appeal's reasons – Whether proceedings should be returned to that Court – Whether High Court should perform appellate reconsideration.Word and phrases – "unreasonable, or cannot be supported, having regard to the evidence".Criminal Appeal Act 1912 (NSW), s 6(1).GLEESON CJ, HAYNE AND CALLINAN JJ.   The question raised by this appeal is whether the Court of Criminal Appeal of New South Wales erred in the manner in which it dealt with...