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R v Orreal[2020] QCA 95

CITATION: R v Orreal [2020] QCA 95
JUDGE(S): McMurdo JA, Mullins JA, Bond J
DELIVERED ON: 08 May 2020
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Editorial Notes

  • Published Case Name:

    R v Orreal

  • Shortened Case Name:

    R v Orreal

  • MNC:

    [2020] QCA 95

  • Court:

    QCA

  • Judge(s):

    McMurdo JA, Mullins JA, Bond J

  • Date:

    08 May 2020

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC1809/18 (No citation)08 Mar 2019Date of conviction; found guilty after trial of three counts of indecent dealing and two counts of rape relating to 12-year-old child; Crown case depended upon evidence of complainant; evidence that both accused and complainant tested positive for HSV-1 (‘HSV-1 evidence’) admitted at trial; prosecutor’s address and trial judge’s summing up left question of use of HSV-1 evidence to jury.
Appeal Determined (QCA)[2020] QCA 9508 May 2020Appeal against convictions dismissed: Mullins JA and Bond J (McMurdo JA dissenting).
Special Leave Granted (HCA)[2021] HCATrans 7116 Apr 2021Application for special leave to appeal against [2020] QCA 95 granted: Gageler, Edelman and Gleeson JJ.
HCA Transcript[2021] HCATrans 19311 Nov 2021Appeal heard; decision reserved: Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ.
HCA Judgment[2021] HCA 44; (2021) 395 ALR 63116 Dec 2021Appeal allowed, order below set aside, appeal against convictions allowed, convictions quashed, retrial ordered; Crown conceded that admission of HSV-1 evidence, which was irrelevant, caused miscarriage of justice; majority below erred in applying proviso; not possible to conclude that no substantial miscarriage of justice had actually occurred; jury may have misused HSV-1 evidence, which was prejudicial, to support complainant’s account: Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ.

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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