Viw Magazine

Men's Weekly

.

  • Written by Ben Mathews, Professor, School of Law, Queensland University of Technology
George Pell's appeal on child sexual abuse convictions has been dismissed. AAP/Erik Anderson

Victoria’s Court of Appeal today delivered one of the most significant judgments in Australian legal history, dismissing Cardinal George Pell’s appeal against convictions for five child sex offences.

Given Pell’s seniority in the Catholic Church as a former Vatican treasurer, the case is also of worldwide significance. The appeal involved complex legal principles. Here is what you need to know to understand the judgment.

What happened before this appeal?

In December 2018, a jury unanimously found Pell guilty of five sexual offences against two 13-year-old boys, committed while Archbishop of Melbourne. As detailed in the sentencing remarks of County Court Chief Judge Kidd in March 2019, Pell was found guilty of one count of sexual penetration of a child aged under 16 through forced oral sex, and four counts of an indecent act with or in the presence of a child aged under 16.

The first offences were committed in the sacristy of St Patrick’s Cathedral after mass in December 1996. The final offence was committed against one of the boys around one month later. Both victims were choirboys and recipients of choral scholarships at an elite school.


Read more: We knew George Pell was guilty of child sex abuse. Why couldn't we say it until now?


Pell was sentenced to six years’ prison with a non-parole period of three years and eight months.

In reaching a verdict, the jury relied on detailed evidence of one of the victims about what Pell said and did, and when and where it happened. The other victim began using heroin at age 14 and died of a heroin overdose in 2014, aged 31. This man’s death prompted the surviving victim, aged in his early 30s, to approach police in 2015.

Is it normal for survivors of child sexual abuse to delay disclosure?

Yes. Survivors often disclose only after a significant delay and are reluctant to tell legal authorities. Australia’s Royal Commission Into Institutional Responses to Child Sexual Abuse found that, for those in private interviews, 57% first disclosed as adults and it took an average of 31.9 years to disclose.

A 2013 study of 487 men whose mean age of onset of abuse was 10, found the mean age when first telling was 32.

Is it a problem that the prosecution relied on the complainant’s evidence?

No. Child sexual abuse typically is inflicted in secret, without other evidence, so prosecutions often depend heavily on complainant testimony. The law recognises this: evidence does not have to be corroborated, and the judge must not warn the jury it is dangerous to act on uncorroborated evidence.

Juries make judgments based on the complainant account’s credibility, consistency, detail and truthfulness, and responses and demeanour in cross-examination.

What did Pell argue in the appeal?

There were three grounds of appeal. Two were procedural or technical: the plea of not guilty was not made in the presence of the jury panel; and the defence was not permitted to play a “visual representation” of part of its argument in its closing address.

Essentially, both arguments claimed a “substantial miscarriage of justice”. The court unanimously rejected these arguments.

But the main argument was that the jury’s verdict was “unreasonable or cannot be supported having regard to the evidence”. Pell’s appeal argued it was not open to the jury to be satisfied of guilt, beyond reasonable doubt, based solely on the word of the complainant.

It also argued that it was not possible for Pell to have been in the sacristy either at all, or by himself; it was not possible for the boys to have been in the sacristy unnoticed; and the robes he wore made it impossible to offend in the way claimed.

What was the Court of Appeal required to do when considering this argument?

The law is complex, and whether a verdict is “unreasonable” depends on legal technicalities, not intuitive instincts. Four legal principles need to be understood here.

First, and most important, there is a very high threshold for a court to overturn a jury’s guilty verdict for being unreasonable (see, for example, M or Baden-Clay). This is because, in Australian law, the jury is the constitutional tribunal of fact responsible for deciding guilt or innocence. A verdict will only be overturned in exceptional circumstances showing a clear miscarriage of justice.

Second, the test is whether, on the evidence, it was open to the jury to be satisfied beyond reasonable doubt the accused was guilty.

To win the appeal, the appellant must show the guilty verdict was not open to the jury. It is not sufficient for the court to find a jury might have had reasonable doubt. The evidence must mean no reasonable jury could have returned a guilty verdict; it must have “obliged” them to reach a not guilty verdict.

Third, the appeal court does not retry the case – again, because the jury is the tribunal of fact. The court must independently assess the evidence, but to determine whether the guilty verdict was open to the jury; not simply whether the court itself has a doubt.

Fourth, if a complainant is credible and reliable and the account is detailed, consistent and plausible, it is difficult for an appeal to succeed. On plausibility, courts have accepted that sexual offending can be brazen, influenced by the abuser’s arrogance, power and belief the child will not make a complaint.

What did the Court of Appeal say about this?

The judges rejected it by a majority of two to one. They found the guilty verdicts were reasonable, because they were open to the jury on the whole of the evidence.

The court said there was nothing about the evidence that meant the jury must have had reasonable doubt. It was not enough that one or more jurors might have had a doubt. Moreover, the court did not itself have such a doubt.

The complainant was found to be compelling, clearly not a liar or fantasist, and a witness of truth. He did not embellish the evidence or tailor it to the prosecution. He adequately explained things he could not remember and his explanations had a ring of truth.

What can happen now?

Pell can seek special leave to appeal to the High Court. If the High Court denies permission, the matter is finalised; if given, it will later deliver a final judgment.


Read more: The Catholic Church is investigating George Pell's case. What does that mean?


Save for a successful appeal in the High Court, Pope Francis will likely expel Pell from the priesthood. The family of the second survivor is suing him and or the church for civil damages, as may others. Pell will remain in jail.

It is exceptionally difficult for survivors of child sexual abuse to bring successful criminal complaints, especially against powerful offenders. This judgment may encourage other courageous survivors to make complaints.

Yet many systemic reforms are still required to better facilitate prosecutions of child sexual offences.

Ben Mathews does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Authors: Ben Mathews, Professor, School of Law, Queensland University of Technology

Read more http://theconversation.com/george-pell-has-lost-his-appeal-what-did-the-court-decide-and-what-happens-now-118054

Must-Have Features in a Modern 2 Bed Caravan

The 2 bed caravan segment has evolved significantly in recent years, with modern layouts offering a level of comfort and functionality tha...

Why Tax Accountants Melbourne Help Individuals and Businesses Stay Compliant

Tax regulations can be complex and constantly evolving, making it challenging for individuals and businesses to manage their financial oblig...

Why Rainwater Tanks Are an Effective Solution for Sustainable Water Storage

Water conservation has become an increasingly important priority for households and businesses around the world. As populations grow and env...

Why Offroad Caravans Are the Ultimate Choice for Long-Distance Adventure Travel

Travelling long distances while maintaining comfort and independence is a goal for many adventure enthusiasts. Caravanning has become an inc...

Furnishing for Families Without Losing Style

Designing a family home can feel like a constant negotiation between practicality and aesthetics. On one hand, you want rooms that can han...

Decorating in Stages: A Smarter Way to Build a Home You Love

There is a lot of pressure to make a home look “finished” as quickly as possible. Between inspiration images, showroom displays and so...

Why Building Inspections Gippsland Are Essential for Property Buyers

Purchasing a home or investment property is an exciting milestone, but it also involves careful consideration and due diligence. One of the ...

Precision and Practicality: How Mini Excavators Support Modern Australian Projects

Lightweight, agile, and increasingly sophisticated, mini excavators have become a familiar presence across modern construction sites. Feat...

Choosing the Right Boat for Lakes and Rivers is About What’s Under the Water

Ready to hit the water and enjoy a boating lifestyle? Great! But not just any boat will do. You need to be equipped with the knowledge to ma...

How Fat Freezing Melbourne Treatments Help Reduce Stubborn Body Fat

Achieving a well-balanced body shape often requires regular exercise and healthy eating habits. However, many individuals still struggle w...

Why Childcare Cleaning Is Essential for Safe and Hygienic Early Learning Environments

Childcare centres provide important environments where young children learn, play, and develop social skills. Because these spaces are use...

Understanding Root Canal Treatment Melbourne And How It Saves Natural Teeth

Dental pain can disrupt daily life and make even simple activities uncomfortable. When tooth decay or infection reaches the inner part of ...

Why an NDIS Provider Plays a Vital Role in Supporting People With Disabilities

Access to the right support services can significantly improve the quality of life for people living with disabilities. Across Australia, ...

Key Terms in Commercial Leases Every Melbourne Business Should Understand

Signing a commercial lease is a significant commitment. However, many business owners focus on the rent figure and the lease term without ...

Why a Buyers Agent Adelaide Helps You Navigate the Property Market With Confidence

Buying property is one of the most significant financial decisions many people make. Whether purchasing a home to live in or investing in re...

What Makes a Successful Law Firm Website in 2026

In 2026, a law firm’s website is no longer just a digital brochure—it is one of the most important business development tools a legal ...

Why Every Modern Law Firm Needs a High-Performance Website

In today’s digital-first world, a law firm’s website is often the very first point of contact between a potential client and the legal p...

The Importance of Safe Sanitary Waste Disposal in Commercial Spaces

For facility managers, employers, and business owners, the provision of washroom amenities is more than a convenience—it is a critical int...

Why Brisbane Retailers Need Custom Security Solutions for Modern Retail Risks

A one-size-fits-all approach rarely works for something as nuanced and challenging as retail security. In Brisbane alone, there are differ...

Why Children Who Learn to Save Early Develop Stronger Financial Habits

The transition from understanding the value of a physical coin to managing a digital balance is a fundamental rite of passage for the next...