Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  •  Notable Unreported Decision
  • Appeal Determined (QCA)

R v SAX[2006] QCA 397

CITATION: R v SAX [2006] QCA 397
JUDGE(S): Jerrard JA, Keane JA, Jones J
DELIVERED ON: 13 October 2006

Editorial Notes

  • Published Case Name:

    R v SAX

  • Shortened Case Name:

    R v SAX

  • MNC:

    [2006] QCA 397

  • Court:


  • Judge(s):

    Jerrard JA, Keane JA, Jones J

  • Date:

    13 Oct 2006

  • White Star Case:


Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC363/05 (No citation)14 Jun 2006Date 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 37529 Sep 2006Orders 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 39713 Oct 2006Reasons 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)

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.