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.
Convicted after trial (Muir DCJ sitting alone) of rape and attempted rape; Crown case turned on evidence of complainant; accused gave evidence denying offending; trial judge accepted complainant’s evidence and rejected accused’s evidence.
Primary Judgment
[2020] QDCSR 1107
19 Aug 2020
Sentenced to 4 years’ imprisonment suspended after 20 months for 5 years; single episode of persistent offending involving a period of some time; vulnerable complainant asleep and recovering from heavy intoxication in offender’s home; no relevant criminal history; otherwise good character; mature offender; no remorse demonstrated by way of admissions and guilty pleas (Muir DCJ).
Appeal Determined (QCA)
[2021] QCA 114 (2021) 7 QR 765
28 May 2021
Appeal against convictions dismissed; asserted errors in trial judge’s reasoning rejecting accused’s evidence, which were said to involve misinterpreting some evidence and overlooking other evidence, did not constitute a failure of process of the kind giving rise to a miscarriage of justice. Leave to appeal sentence refused; sentence could well have been lighter but was not so high as to indicate error: McMurdo JA (Sofronoff P and Mullins JA agreeing).
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.