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Date of conviction, having been found guilty by jury, of two counts of rape. The jury returned not guilty verdicts on four further counts of rape arising out of the same course of conduct. All counts concerned the same complainant.
Appeal Determined (QCA)
[2005] QCA 368 [2006] 1 Qd R 435
30 Sep 2005
Appeal against convictions allowed, convictions quashed, retrial ordered; accused’s record of interview, which was conducted in breach of PPRA, should have been excluded in exercise of unfairness discretion, its wrongful admission depriving accused of fair chance of acquittal; failure to give Markuleski direction may have affected jury’s verdicts: McPherson and Keane JJA, Douglas J. Retried and convicted of one count of rape; conviction quashed and third trial ordered in [2007] QCA 142.
Appeal Status
Appeal Determined (QCA)
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