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Danny, Carl (a Pseudonym) v The Queen [2020] VSCA 8

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Kyrou, Kaye JJA and Croucher AJA
Parties: 

Danny, Carl (a Pseudonym) v The Queen

Judgment Date: 
7 February 2020
Catchwords: 

CRIMINAL LAW - Appeal - Conviction - Applicant convicted on three counts of committing an indecent act with a child under 16 years and one count of attempting to commit an indecent act with a child under 16 years - Two child complainants - Whether verdicts unreasonable due to inconsistencies in and implausibility of complainants' accounts - No material inconsistencies - Verdicts not unreasonable - Whether substantial miscarriage of justice due to failure of trial judge to give unreliability warning to jury - No error in failing to give unreliability warning - Leave to appeal granted - Appeal dismissed - Young v The Queen [2015] VSCA 265; Hudson (a pseudonym) v The Queen [2017] VSCA 122 and Wade (a pseudonym) v The Queen [2019] VSCA 168 considered; Jury Directions Act 2015 ss 12, 14, 31 and 32; Evidence Act 2008 s 165.

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