To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Mosely order made, upon adjournment of prerecording of complainant’s evidence and trial, staying further prosecution until Crown pays accused’s costs thrown away by adjournment in the sum of $2,400: Shanahan DCJ.
Primary Judgment
DC190/18 (No citation)
19 Nov 2020
Date of conviction; found guilty after trial before Richards DCJ and jury of one count of use electronic communication to procure, one count of possess child exploitation material, thirty-three counts of indecent treatment, and one count of use carriage service to access child pornography material; offences arose out of communications between accused, who was a schoolteacher, and 14yo schoolgirl in Scotland; sole issue at trial was defence of belief as to age; accused testified in own defence.
Appeal Determined (QCA)
[2019] QCA 125 (2019) 1 QR 365; (2019) 278 A Crim R 319
25 Jun 2019
A-G (Qld) and CDPP’s appeal against Mosely order allowed; order set aside; no basis upon which his Honour could have found that loss of $2,400 in context of present litigation led to any significant effect upon accused’s ability to fund his trial or to any unfairness in prosecution continuing: Sofronoff P, Morrison JA, Davis J.
Appeal Determined (QCA)
[2021] QCA 238
09 Nov 2021
Appeal against convictions dismissed; prosecutor’s cross-examination of accused did not contravene EA s 15 in circumstances where the accused’s bad character was already before the jury, the questioning revealing nothing new/adding nothing; certain submissions in prosecutor’s closing address did not cause miscarriage of justice: Sofronoff P, Mullins JA, Crow J.
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.