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R v Pretorius[2009] QCA 58

Reported at [2010] 1 Qd R 67
CITATION: R v Pretorius [2009] QCA 58
JUDGE(S): Keane JA, Muir JA, Fraser JA
DELIVERED ON: 20 March 2009
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Editorial Notes

  • Published Case Name:

    R v Pretorius

  • Shortened Case Name:

    R v Pretorius

  • Reported Citation:

    [2010] 1 Qd R 67

  • MNC:

    [2009] QCA 58

  • Court:

    QCA

  • Judge(s):

    Keane JA, Muir JA, Fraser JA

  • Date:

    20 Mar 2009

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC357/07 (No Citation)06 Sep 2007Convicted of three counts of sexual assault; sentenced on 16 October 2007 to 12 months imprisonment on each count, wholly suspended, and fined $2,000
Primary JudgmentDC357/07 (No Citation)02 Nov 2008Convicted after retrial of two counts of indecent assault; acquitted on one charge of indecent assault
Appeal Determined (QCA)[2007] QCA 43204 Dec 2007Failure to direct in terms of the risks and dangers in relying on identification evidence means there was an error of law and a potential miscarriage of justice has resulted; application to extend time to appeal allowed; appeal allowed: Jerrard and Holmes JJA and McMurdo J.
Appeal Determined (QCA)[2009] QCA 58 [2010] 1 Qd R 67; (2010) 194 A Crim R 24920 Mar 2009Appeal against conviction on retrial dismissed; encumbering the jury with a warning about the dangers of probability reasoning would have been inappropriate; verdict open to the jury; appeal dismissed: Keane, Muir and Fraser JJA.
Special Leave Refused (HCA)[2009] HCATrans 15225 Jun 2009Trial judge gave comprehensive directions which, if anything, weighed in favour of the applicant in relation to the use of the evidence as to identification; application lacks sufficient prospects of success; application for special leave against [2009] QCA 58 refused: French CJ and Kiefel J.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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