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Date of conviction of rape following trial before Dearden DCJ and jury; Crown case, which turned on acceptance of truthfulness and accuracy of complainant’s evidence, was that accused had intercourse with complainant while she slept; at trial, accused admitted intercourse but gave evidence of consensual encounter; sole issue at trial was whether intercourse occurred without consent.
Primary Judgment
[2020] QSC 118
03 Apr 2020
Application for bail pending appeal against conviction (determined in [2020] QCA 127) refused: Lyons SJA.
Appeal Determined (QCA)
[2020] QCA 127
12 Jun 2020
Appeal against conviction allowed, conviction set aside, retrial ordered (as to which see [2022] QCA 84); accused’s out-of-court lies as to lack of memory of relevant events incapable of constituting lies implicating him in offence of rape, as opposed to having had intercourse, and were relevant only to his creditworthiness; accused deprived of prospect of acquittal; no scope for application of proviso: Boddice J (Sofronoff P and Ryan J agreeing).
Appeal Status
Appeal Determined (QCA)
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