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Date of conviction, upon verdict of jury, of one count of indecent treatment of S and four counts of indecent treatment of K.
Appeal Determined (QCA)
[2009] QCA 178 [2010] 1 Qd R 546
19 Jun 2009
Appeal against convictions allowed, convictions set aside, retrial ordered; trial judge failed to properly determine, by reference to test set out in EA s 9B(2), whether complainants competent to give sworn evidence and, having permitted K to give unsworn evidence, to explain to her the duty of speaking the truth as required by EA s 9B(3); proviso could not sustain convictions, accused deprived of trial conducted according to law: Chesterman JA (Keane JA and Lyons J agreeing).
Appeal Status
Appeal Determined (QCA)
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