Queensland Judgments
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R v Holzinger[2016] QCA 160

CITATION: R v Holzinger [2016] QCA 160
JUDGE(S): McMurdo JA, Mullins J, Douglas J
DELIVERED ON: 17 June 2016
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Editorial Notes

  • Published Case Name:

    R v Holzinger

  • Shortened Case Name:

    R v Holzinger

  • MNC:

    [2016] QCA 160

  • Court:

    QCA

  • Judge(s):

    McMurdo JA, Mullins J, Douglas J

  • Date:

    17 Jun 2016

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC517/15 (No citation)25 Sep 2015Date of conviction in District Court of three counts of rape and four counts of indecent treatment. The accused was acquitted of other counts concerning the same complainant.
Appeal Determined (QCA)[2016] QCA 16017 Jun 2016Appeal against rape convictions and certain indecent treatment conviction dismissed. As to rape counts, directing jury on alternative of attempted rape not necessary as jury directed on alternative of indecent treatment; open to jury to be satisfied that penetration occurred. Indecent treatment conviction not inconsistent with certain acquittal having regard to difference in quality of evidence: McMurdo JA, Mullins and Douglas JJ.
Special Leave Refused (HCA)[2017] HCATrans 16018 Aug 2017Special leave to appeal against [2016] QCA 160 refused; not in interests of justice to permit applicant to raise point not raised in Court of Appeal; insufficient prospects of appeal succeeding: Kiefel CJ, Keane J. An application for judicial review of Attorney-General’s refusal to refer convictions to Court of Appeal pursuant to Code s 672A was dismissed with costs: [2020] QCA 165 (SL refused [2021] HCASL 20).

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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