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R v Makary[2018] QCA 258

Reported at [2019] 2 Qd R 528
CITATION: R v Makary [2018] QCA 258
JUDGE(S): Sofronoff P, McMurdo JA, Bond J
DELIVERED ON: 09 October 2018

Editorial Notes

  • Published Case Name:

    R v Makary

  • Shortened Case Name:

    R v Makary

  • Reported Citation:

    [2019] 2 Qd R 528

  • MNC:

    [2018] QCA 258

  • Court:


  • Judge(s):

    Sofronoff P, McMurdo JA, Bond J

  • Date:

    09 Oct 2018

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2012] QMC 620 Mar 2012Crown application that certain witnesses be cross-examined via video link in committal proceedings granted: Hine DCM.
Primary Judgment[2014] QDC 14019 Jun 2014Pre-trial application for separate trials; ruling that A, L and E charges properly joined and should be tried together but that M charges be tried separately: Farr SC DCJ.
Primary JudgmentDC1688/13 (No citation)12 Oct 2015Date of conviction, after trial before Richards DCJ and a jury, of rape of M.
Primary JudgmentDC1097/16 (No citation)01 Jun 2016Date of conviction, after trial before Clare SC DCJ and a jury, of administering stupefying thing and rape of A, administering stupefying thing and rape of L, and administering stupefying thing and attempted rape (as an alternative to rape) of E.
Primary JudgmentDC1097/16 (No citation)03 Jun 2016Date of sentence for A, L and E convictions; for attempted rape of E, 10 years' imprisonment; on each other count, 18.5 years' imprisonment; sentences to be served concurrently: Clare SC DCJ. In her sentencing remarks, Clare SC DCJ referred to the offending as ‘protracted’ and involving ‘protracted violations’.
Primary JudgmentDC1688/13 (No citation)10 Jun 2016Date of sentence for M offence; 5 years’ imprisonment; sentence to be served cumulatively upon sentences imposed for A, L and E convictions; parole eligibility deferred by 2 years: Richards DCJ.
Appeal Determined (QCA)[2018] QCA 257 (2018) 274 A Crim R 39209 Oct 2018Appeal against A, L, E convictions dismissed; certain verdicts not unreasonable; no error in directions on s 24 or attempted rape (although former not required); complaints as to counsel’s conduct, admissibility of certain expert evidence, misjoinder (see [2014] QDC 140) and joint trial rejected. As to sentence – leave granted, error established; appeal dismissed, lesser sentence not warranted: Sofronoff P, Bond J (McMurdo JA dissenting on sentence length).
Appeal Determined (QCA)[2018] QCA 258 [2019] 2 Qd R 52809 Oct 2018Appeal against M conviction dismissed; trial judge did not err in refusing to direct the jury on the excuse of mistake of fact in respect of the complainant's consent to sexual intercourse. Leave to appeal against sentence refused; sentence not manifestly excessive: Sofronoff P, Bond J (McMurdo JA varying sentence in accordance with his Honour's reasons in [2018] QCA 257).

Appeal Status

Appeal Determined (QCA)

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