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Application to sever counts on indictment refused: Wall DCJ.
Primary Judgment
DC94/05 (No citation)
08 Nov 2005
Date of conviction, following trial by jury in District Court, of one count of rape; the accused was found not guilty of a second count of rape concerning a different complainant.
Appeal Determined (QCA)
[2006] QCA 220
21 Jun 2006
Appeal against conviction allowed, conviction quashed, retrial ordered; evidence not cross-admissible, the evidence lacking the probative quality necessary to be admissible as similar fact evidence; trial judge erred in comments made as to appellant’s counsel’s failure to put certain proposition to complainant in cross-examination; court unable to conclude that no substantial miscarriage of justice occurred: McMurdo P, Keane JA, Jones J.
Appeal Status
Appeal Determined (QCA)
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