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  • Unreported Judgment

R v King

 

[1981] CCA 60

IN THE COURT OF CRIMINAL APPEAL

CCA No. 199 of 1980

 

CCA No. 216 of 1980

BEFORE:

Mr. Justice Lucas S.P.J.

Mr. Justice D.M. Campbell

Mr. Justice Connolly

BRISBANE, 15 JUNE 1981

(Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter, Court Reporting Bureau.)

-----

THE QUEEN

v.

ROY MANSFIELD KING

(Appellant)

JUDGMENT

MR. JUSTICE LUCAS: The appellant appeals against his conviction of rape which took place in the Supreme Court at Townsviile in August last year, on various grounds, all except one of which relate to matters of fact, which were matters for the jury's consideration and, no doubt, were put to them. The one ground which does not relate to a matter of fact is that the appellant is a professional boxer, and during the trial there was an account of the trial published in the “Townsville Daily Bulletin”, and there was also on another page of the newspaper an article which dealt with the possibility that a fight which had been arranged would not take place because the appellant was on trial for rape at that time. The learned judge had these articles drawn to his attention on the second morning of the trial, and counsel for the appellant asked for the discharge of the jury on the ground that the matter which had been published was unduly prejudicial to his client. The learned judge gave the matter full consideration and in the exercise of his discretion refused to discharge the jury and the trial proceeded.

The judge is a judge of great experience, with great experience of the area in which the trial was being conducted, and it was a matter entirely within his discretion and, in my opinion, he was perfectly justified in the course which he tool. He gave the jury the usual warning in the summing up that they were not to go outside the evidence which had been given in the case for the purpose of arriving at their decision and he outlined to them what that evidence was. In my opinion the appeal should be dismissed.

MR. JUSTICE D.M. CAMPBELL: I agree.

MR. JUSTICE CONNOLLY: I agree.

MR. JUSTICE LUCAS: That is the order of the court.

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Editorial Notes

  • Published Case Name:

    The Queen v Roy Mansfield King

  • Shortened Case Name:

    R v King

  • MNC:

    [1981] CCA 60

  • Court:

    QCCA

  • Judge(s):

    Lucas SPJ, D M Campbel J, Connolly J

  • Date:

    15 Jun 1981

Litigation History

No Litigation History

Appeal Status

No Status