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Having been charged with four counts of rape, Mr Phillips was convicted of one count of rape and two counts of the alternative of unlawful carnal knowledge. Relevantly, he was sentenced to 2 years’ imprisonment for the unlawful carnal knowledge convictions.
Appeal Determined (QCA)
[2009] QCA 57 [2009] 2 Qd R 263
20 Mar 2009
By majority (Holmes JA and White AJA), the appeal against the rape conviction was allowed on the ground that it was inconsistent with the other convictions, the conviction quashed, a conviction of unlawful carnal knowledge substituted, and a sentence of 2 years’ imprisonment imposed. McMurdo J dissented, allowing the appeal against conviction on all counts on account of the trial judge’s associate’s behaviour.
Appeal Status
Appeal Determined (QCA)
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