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R v FAX[2020] QCA 139

Reported at (2020) 5 QR 117
CITATION: R v FAX [2020] QCA 139
JUDGE(S): Sofronoff P, Boddice J, Ryan J
DELIVERED ON: 26 June 2020
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Editorial Notes

  • Published Case Name:

    R v FAX

  • Shortened Case Name:

    R v FAX

  • Reported Citation:

    (2020) 5 QR 117

  • MNC:

    [2020] QCA 139

  • Court:

    QCA

  • Judge(s):

    Sofronoff P, Boddice J, Ryan J

  • Date:

    26 Jun 2020

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC67/19 (No citation)04 Feb 2020Convicted 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 11726 Jun 2020Appeal 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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