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; 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 95
08 May 2020
Appeal against convictions dismissed: Mullins JA and Bond J (McMurdo JA dissenting).
Special Leave Granted (HCA)
[2021] HCATrans 71
16 Apr 2021
Application for special leave to appeal against [2020] QCA 95 granted: Gageler, Edelman and Gleeson JJ.
Appeal 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)
Please select (using the checkboxes) which search results you would like to add to a list.