In the wake of the Pell conviction for child sexual assault, we are now hearing grave concerns from cultural conservatives and Catholic commentators that the jury verdict was ‘unsafe’.

There’s a distinction between law and fact at the heart of criminal legal proceedings. The judge makes decisions on the legal and procedural issues, while the jury is the tribunal of fact. The facts enliven the law. Judges’ decisions on legal matters are frequently overturned in appeals to higher courts, but it is extremely uncommon for an appellate court to overturn a jury decision.