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Date of conviction of one count of rape. This was a retrial; at the first trial, the jury had been discharged without reaching a verdict on the rape count, although they convicted Mr Kellett of one count of grievous bodily harm ('GBH') arising out of the same incident – Mr Kellett penetrating the complainant's vagina by way of 'fisting', in the course of what was an otherwise consensual sexual encounter.
Primary Judgment
DC1143/18 (No citation)
24 Jul 2019
Date of imposition of concurrent sentences of 6 and 7 years' imprisonment for respective convictions of GBH and rape. His Honour also made a serious violent offence declaration in respect of each conviction: Reid DCJ.
Appeal Determined (QCA)
[2020] QCA 199
15 Sep 2020
Appeal against rape conviction dismissed. The jury’s verdict was not unreasonable; the evidence did not enliven the excuse of mistake of fact in respect of the complainant’s consent; the trial judge’s redirections on consent were correct in law and neither confusing nor unbalanced. Application for leave to appeal against sentence refused; sentence not manifestly excessive: Morrison and Mullins JJA (Jackson J dissenting in part).
Special Leave Refused (HCA)
[2022] HCASL 131
18 Aug 2022
Special leave refused; futile to grant extension of time required: Gageler and Steward JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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