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CITE

Unreported Judgment
Appeal Determined (QCA)

R v SAX[2006] QCA 375Jerrard JA and Keane JA and Jones J
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R v SAX[2006] QCA 375

COURT OF APPEAL

JERRARD JA

KEANE JA

JONES J

CA No 167 of 2006

Dc No 363 of 2005

SAX(appellant)

BRISBANE

DATE 29/09/2006

JUDGMENT

MR A W MOYNIHAN (instructed by Legal Aid Queensland) for the appellant

MR C W HEATON (instructed by the Director of Public Prosecutions (Queensland)) for the respondent

JERRARD JA: The Court is of the opinion that in this matter the appeal should be allowed, the conviction set aside and a new trial ordered and those will be the orders of the Court.

We will publish our reasons later.

Editorial Notes

Published Case Name:
R v SAX
Shortened Case Name:
R v SAX
MNC:
[2006] QCA 375
Court:
QCA
Judge(s):
Jerrard JA, Keane JA, Jones J
Date:
29 Sep 2006

Litigation History

Event	Citation or File	Date	Notes
Primary Judgment	DC363/05 (No citation)	14 Jun 2006	Date of conviction, upon being found guilty by jury, of one count of rape. In issue at trial was consent. The Crown alleged that sex occurred while the complainant was unconscious. The accused gave an account of consensual intercourse. Other witnesses testified that the complainant walked up the front steps of the accused's home. The complainant admitted that she had consumed a large quantity of alcohol.
Appeal Determined (QCA)	[2006] QCA 375	29 Sep 2006	Orders made; appeal against conviction allowed, conviction set aside, retrial ordered; reasons to be published later: Jerrard and Keane JJA and Jones J.
Appeal Determined (QCA)	[2006] QCA 397	13 Oct 2006	Reasons for orders pronounced in [2006] QCA 375; the evidence at trial raised for the jury's consideration the issue of impairment of cognitive capacity to consent by reason of intoxication and whether the accused was mistaken in respect thereof; the trial judge erred in failing to direct the jury accordingly; the conviction could not be sustained by application of the proviso: Jerrard and Keane JJA and Jones J.

Appeal Status

Appeal Determined (QCA)

Cases Cited List of Cases Cited by this judgment

No judgments cited by this judgment.

Cases Citing List of cases on Queensland Judgments citing this Judgment

Case Name	Full Citation	Frequency
Sisodia v Commissioner of Police	[2021] QDC 165	1 citation

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R v SAX[2006] QCA 375