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Date of conviction of choking domestic partner after jury trial before Jarro DCJ (and, briefly, Rafter SC DCJ); accused was acquitted of related common assault charge; admissions document contained statement that, in respect of earlier domestic incident, police believed that complainant needed protecting against accused; complainant’s credibility in issue at trial; Rafter SC DCJ directed jury to ignore possible reasons for change of trial judge.
Appeal Determined (QCA)
[2020] QCA 140
26 Jun 2020
Appeal against conviction dismissed; although admissions document contained inadmissible opinion evidence, as that evidence would not have assumed any significance, the proviso applied; change of presiding judge occurred in accordance with statute and it was unnecessary to consult with counsel or explain to jury reasons for change; guilty verdict neither inconsistent with acquittal nor otherwise unreasonable; other miscellaneous complaints rejected: Lyons SJA (Mullins JA and Ryan J agreeing).
Appeal Status
Appeal Determined (QCA)
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