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Date of doctor’s conviction after trial (Rafter SC DCJ and jury) of sexual assault of patient by touching her on outside of underwear; accused acquitted of other related counts concerning same complainant; patient covertly recorded complaint to accused; accused initially denied to police that patient had complained, then explained alleged admissions and denied offending; witness said accused said he ‘had been naughty to’ complainant; accused did not give or call evidence (Rafter SC DCJ).
Appeal Determined (QCA)
[2020] QCA 74
17 Apr 2020
Appeal against conviction dismissed; no error in prosecutor being permitted to submit to jury that asserted lie adversely reflected on accused’s credibility in police interview or trial judge’s directions about that issue; trial judge adequately instructed jury as to ‘naughty’ comment, which it was open to jury to consider amounted to non-specific admission of inappropriate conduct capable of supporting complainant’s evidence: Mullins JA (Sofronoff P and Boddice J agreeing).
Appeal Status
Appeal Determined (QCA)
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