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Pre-trial application for separate trials of charges relating to each complainant refused; charges properly joined; evidence on each charge cross-admissible on the others: Coker DCJ.
Primary Judgment
DC435/18 (No citation)
28 Mar 2019
Date of conviction after trial of indecent treatment of KD, two counts of indecent treatment of J, three counts of indecent treatment of GC, indecent treatment and sexual assault of KW, digital rape of JC, sexual assault of AW, and attempted indecent treatment of NF. The counts related to children aged between 10-17 and events occurring in 1993-2015.
Primary Judgment
DC435/18 (No citation)
01 Apr 2019
Date of sentence of 6 years' imprisonment with parole eligibility set at midway point. The 6-year sentence comprised 3.5 years for digital rape of JC, to be served cumulatively upon a 2.5-year term for certain indecent treatment of GC; shorter concurrent terms of imprisonment were imposed on the remaining counts: Coker DCJ.
Appeal Determined (QCA)
[2020] QCA 203 (2020) 5 QR 566
16 Sep 2020
Appeal against convictions allowed, convictions quashed, retrials ordered; counts charging digital rape of JC and attempted indecent treatment of NF improperly joined with each other and with remaining counts; the evidence on those charges was not cross-admissible as similar fact evidence on any other charge: Fraser and McMurdo JJA (Philippides JA dissented on misjoinder; quashed conviction of sexual assault of KW on other grounds; sentence on that count set aside).
Appeal Status
Appeal Determined (QCA)
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