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Convicted of rape after Childrens Court trial (Kent QC DCJ sitting alone); complainant’s evidence, which was essential to proof of guilt, was that she awoke to accused digitally penetrating her vagina; accused did not give evidence; real issue was whether conduct occurred.
Appeal Determined (QCA)
[2020] QCA 139 (2020) 5 QR 117
26 Jun 2020
Appeal against conviction allowed, conviction quashed, retrial ordered; miscarriage of justice; trial judge observed that complainant’s version of events was uncontradicted in circumstances where his Honour failed to record having regard to the principle relating to relevance of accused not having given evidence at trial; trial judge’s verdict not unreasonable: Boddice J (Sofronoff P and Ryan J agreeing). Retried and found guilty by Smith DCJA sitting alone in [2020] QChC 30.
Appeal Status
Appeal Determined (QCA)
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