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Found guilty by jury and convicted of one count of maintaining a sexual relationship with a child and three counts of aggravated indecent treatment. The jury returned not guilty verdicts in respect of other counts concerning the same complainant. In the course of the trial, the trial judge discharged a juror pursuant to s 56 of the Jury Act 1995 (Qld). A reserve juror took that juror’s place on the jury.
Primary Judgment
[2013] QDC 116
22 May 2013
Application to exclude certain evidence of uncharged acts refused: Smith DCJ.
Appeal Determined (QCA)
[2014] QCA 248 [2015] 1 Qd R 15
03 Oct 2014
Appeal against convictions dismissed; guilty verdicts not inconsistent with not guilty verdicts; although enquiry into juror’s fitness miscarried, that the juror was discharged was ultimately appropriate, given the way in which the anterior enquiry was conducted, and, in circumstances where the appellant was found guilty by a properly-constituted jury after a fair trial, no miscarriage of justice occurred: Fraser JA, Atkinson and Jackson JJ.
Special Leave Refused (HCA)
[2015] HCASL 212
11 Nov 2015
Application for special leave to appeal refused; applicant failed to demonstrate sufficient reason to doubt correctness of decision of Court of Appeal; not in interests of justice to grant application: Nettle and Gordon JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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