To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Date of conviction following retrial (ordered in [2013] QCA 389) of four sexual offences concerning a single complainant. The trial was fought on the issue of consent. M was a preliminary complaint witness in respect of whom an issue as to a prior inconsistent statement arose.
Appeal Determined (QCA)
[2017] QCA 113 [2018] 1 Qd R 364
02 Jun 2017
Appeal against convictions dismissed; as M had distinctly admitted making the prior inconsistent statement and affirmed the truth of its contents, the trial judge erred in directing the jury that M’s earlier account was not evidence of the terms of the preliminary complaint; notwithstanding, the appeal should be dismissed as no substantial miscarriage of justice actually occurred (despite Crown disavowing reliance on proviso): Burns J (Gotterson and Morrison JJA agreeing).
Special Leave Granted (HCA)
[2017] HCATrans 237
17 Nov 2017
Special leave granted: Gageler, Nettle and Gordon JJ.
HCA Transcript
[2018] HCATrans 53
22 Mar 2018
Decision reserved: Kiefel CJ, Bell, Keane, Gordon and Edelman JJ.
HCA Judgment
[2018] HCA 18; (2018) 265 CLR 178
09 May 2018
Appeal allowed, convictions quashed, retrial ordered; Court of Appeal did not err in concluding that M had adopted earlier account and that consequently jury misdirected; as to proviso, Court of Appeal not bound by Crown concession but should have put appellant on notice that application of proviso a live issue so as to enable him to be heard on it; in this case, it could not be concluded that no substantial miscarriage of justice actually occurred: Kiefel CJ, Bell, Keane, Gordon and Edelman JJ.
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
Please select (using the checkboxes) which search results you would like to add to a list.
