2 days ago

10 min

Yao v R [2026] NSWCCA 163

Yao v R [2026] NSWCCA 163 concerned convictions for common assault and aggravated sexual intercourse without consent arising from events on 11 October 2022. Yao argued that the verdicts were unreasonable because of multiple concerns about the complainant’s credibility and were inconsistent with acquittals concerning alleged conduct the previous day. The Court held that weaknesses specific to the earlier allegations rationally explained the mixed verdicts. Six prompt complaints and aspects of the medical evidence supported the later allegations, while credibility concerns about the complainant’s relationship and proposed visa application could be explained or quarantined. Giving full weight to the jury’s advantages, the Court granted leave but dismissed the appeal.

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