[...] (1992) 60 A Crim R 264. R v Massey [1997] 1 Qd R 404. R v McK [1986] 1 Qd R 476. R v RH [2005] 1 Qd R 180. R v Roissetter [1984] 1 Qd R 477. R v Sailor [1994] 2 Qd R 342. R v Sakail [1993] [...]
[...] [77]. R v Berrill [1982] Qd R 508, 527; R v Roissetter [1984] 1 Qd R 477, 481 – 482; R v McK [1986] 1 Qd R 476, 481; R v Link (1992) 60 A Crim R 264, 266; R v West [1992] 1 Qd R 227, 231; R v Sailor [...]
[...] at 481–482, R v McK [1986] 1 Qd R 476 at 481, R v Link (1992) 60 A Crim R 264 at 266;[1992] QCA 127, R v West [1992] 1 Qd R 227 at 231, and R v Sailor [1994] 2 Qd R 342 at 345–346;[1993] QCA 23. [...]
[...] [1] R v Flannery [1969] VR 586 at 591. [2] R v Sailor [1994] 2 Qd R 342 at 346;[1993] QCA 23. [3] See particularly R v Berrill [1982] Qd R 508 at 527, R v Roissetter [1984] 1 Qd R 477 at [...]
[...] See, for example, R v Grattan [2005] NSWCCA 306. [6] R v Sailor [1994] 2 Qd R 342 at 346;[1993] QCA 23. [7] R v Sakail [1993] 1 Qd R 312 at 317–319; R v Massey [1997] 1 Qd R 404 at 409–410;[1996] [...]
[...] CLR 297. R v Berrill [1982] Qd R 508. R v Cutts (CA 97/2005; Court of Appeal, 23 August 2005, unreported); [2005] QCA 306. R v Flannery [1969] VR 586. R v Grattan [2005] NSWCCA 306. R v Link [...]
[...] [1993] 1 Qd R 312. R v W [1996] 1 Qd R 573. R v West [1992] 1 Qd R 227. Simic v The Queen (1980) 144 CLR 319. Smith v The Queen (2001) 206 CLR 650. Suresh v The Queen (1998) 72 ALJR 769. Ugle [...]
[...] between the appellant and the complainant. [45] – [47], [76], [77]. R v Sakail [1993] 1 Qd R 312, 317 – 319; R v Massey [1997] 1 Qd R 404, 409 – 410 distinguished. (4) That accordingly the direction had [...]
[...] the jury on the basis that it could only corroborate the final count: R v Sakail [1993] 1 Qd R 312, 317; R v Massey [1997] 1 Qd R 404, 409–410. 279 The distressed state was proximate to a development [...]
[...] 30; Ugle v The Queen (1989) 167 CLR 647 at 649;[1989] HCA 55; R v Sailor [1994] 2 Qd R 342 at 347;[1993] QCA 23; R v W [1996] 1 Qd R 573;[1995] QCA 49; Suresh v The Queen (1998) 72 ALJR 769 at 770 [...]
[...] August 1999, unreported); [1999] QCA 322. R v Lorraway (CA 155/2006; Court of Appeal, 27 April 2007, unreported); [2007] QCA 142. R v Moana [1979] 1 NZLR 181. R v OM (CA 222/2006; Court of Appeal, [...]
[...] confirming her testimony that she was raped. It was also noted in R v Sailor that in R v Flannery [1969] VR 586 and R v Moana [1979] 1 NZLR 181 intervals of about one hour were considered too [...]
[...] analogy, upon the decisions of this Court in R v Sakail and R v Massey [7] . The cases are not analogous. The passage in the judgment of Macrossan CJ in R v Sakail upon which the respondent relies concerned [...]
[...] Ali v The Queen (2005) 79 ALJR 662. R v EC and RC, ex parte Attorney-General (CA 269, 270/1998; Court of Appeal, 23 October 1998, unreported); [1998] QCA 334. R v Houldsworth and Crossman (CA 150 [...]
[...] 30 March 2007, unreported); [2007] QCA 101. R v Proctor (1998) 104 A Crim R 220. CRIMINAL APPEAL Appeal from convictions before McGill DCJ and a jury sitting at Townsville. M J Byrne QC for the appellant [...]
[...] to have sex with the accused. In what appears to be leading case on this point, R v Sailor [1994] 2 Qd R 342, 346–347, it was said:The basic weakness of distress in this context is that, [...]
[...] possibly only be referable to upset at recounting an incident of non-consensual activity ( R v Flannery , 591–592; R v Sailor , 344–345) the complainant in the present case was arguably upset about a development [...]
[...] 334 at 432–433;[2008] HCA 16. [10] Criminal Law (Sexual Offences) Act 1978 s 4A: see R v RH [2005] 1 Qd R 180;[2004] QCA 225. [11] Criminal Code , s 668E(1A). [12] Darkan v The Queen (2006) [...]
[...] 224 CLR 300 at 316 [41];[2005] HCA 81. [13] R v Cutts [2005] QCA 306at [4] per McMurdo P; at [35] per Williams JA; at [75] per Jerrard JA. [14] cf R v Cutts at [75] per Jerrard JA, in which the [...]
[...] Sailor [1994] 2 Qd R 342, 345 – 346 considered. (2) That no such inference was reasonably open in the present case. [40] – [44], [76], [77]. (3) That the evidence in question was not otherwise admissible [...]
[...] more likely that she was distressed for the reasons she gave. Accordingly, as was the case in R v Sailor , the appeal should be allowed in respect of all counts. M J Copley for the Crown. The learned [...]
[...] fact in issue, that fact being whether the relationship was consensual. To adopt what was said in R v Flannery at 591 there was a reasonable inference open that the distress was referable [...]
[...] the jury to use that evidence as supporting the Crown case on all or any of the four counts. [37]In R v Flannery ,[1] Winneke CJ (who delivered the judgment of the court) said:In our opinion, evidence [...]
[...] weight and juries should be so warned by the trial judge in the course of his charge. [38]In R v Sailor ,[2] McPherson JA explained why independent evidence of distress might in some cases corroborate [...]
[...] intercourse with the complainant a year and some seven months earlier. As McPherson JA observed in R v Sailor :[6] Eventually a stage in time is reached where, without resorting to testimony of the [...]
[...] between the appellant and the complainant. The passage in the judgment of McPherson JA and Demack J in R v Massey upon which the respondent relies concerned the admissibility of evidence of an act of indecency [...]