Tyrrell, John Francis v The Queen [2019] VSCA 52

Victorian Court of Appeal
Kaye, Niall and Weinberg JJA

Tyrrell, John Francis v The Queen

Judgment Date: 
15 March 2019

CRIMINAL LAW – Application for leave to appeal against conviction – Historical sex offences – Offences alleged between 1965 and 1966 – Applicant convicted of four charges of buggery and six charges of indecent assault – Applicant acquitted on two charges of buggery and two charges of indecent assault – Whether verdicts of guilty unreasonable and cannot be supported having regard to the evidence – Whether delay in prosecuting applicant resulted in unfair trial – Crown case solely reliant on evidence of complainant – Substantial inconsistencies in complainant’s evidence – Aspects of complainant’s evidence improbable – Effect of delay – Witnesses and evidence unavailable – Application for leave to appeal granted – Appeal allowed – Conviction and sentences quashed – Judgment and verdicts of acquittal entered.