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Star, Charlie Thomas v The Queen [2020] VSCA 331

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Maxwell P, Emerton and Weinberg JJA
Parties: 

Star, Charlie Thomas v The Queen

Judgment Date: 
22 December 2020
Catchwords: 

CRIMINAL LAW - Appeal - Conviction - Rape - Inconsistent verdicts - Applicant tried on three charges of rape - Convicted on one charge, acquitted on second, jury unable to agree on third - Co-accused tried on five charges of rape - Acquitted on four charges, jury unable to agree on fifth - All charges involved same complainant - Consent in issue - Crown case depended on complainant's credibility - Whether sole guilty verdict reconcilable with acquittals - No rational explanation - Appeal allowed - Conviction quashed - Verdict of acquittal entered - McKenzie v The Queen (1996) 190 CLR 348 applied.

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