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Date of conviction; convicted after trial (McGinness DCJ and jury) of child sex offences, including unlawful carnal knowledge; disclosures made after initial police interview in which complainant denied sexual contact with accused admitted as preliminary complaint evidence; certain passage inadvertently included in accused’s police interview as played to jury; accused denied offending to police and did not give/call evidence at trial.
Appeal Determined (QCA)
[2021] QCA 145
20 Jul 2021
Appeal against convictions dismissed; disclosures admissible as preliminary complaints as initial police interview did not contain complaint of offending and thus did not fall within CL(SO)A s 4A(6)(a); inclusion of impugned passage of accused’s police interview did not cause miscarriage of justice, there being no prospect that jury misused it as evidence of sexual interest; jury’s guilty verdict on unlawful carnal knowledge count not unreasonable: Fraser, Morrison and McMurdo JJA.
Appeal Status
Appeal Determined (QCA)
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