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Date of conviction following trial of sexual offence against child. The evidence of a number of child witnesses, including the complainant, was pre-recorded pursuant to the provisions of EA pt 2 div 4A.
Appeal Determined (QCA)
[2006] QCA 179 [2007] 1 Qd R 17
26 May 2006
Appeal against conviction allowed, conviction set aside, new trial ordered; trial judge failed to direct jury in accordance with EA s 21AW(2)(a), which error vitiated the trial subject to the application of the proviso; conviction could not be sustained in circumstances where sole issue whether complainant's evidence proved accused's guilt beyond reasonable doubt: Chesterman and Mullins JJ (McPherson JA agreeing).
Appeal Status
Appeal Determined (QCA)
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