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Date of conviction, after trial before Jarro DCJ and jury, of one count of rape. Relevantly, defence led evidence of expert in sociolinguistics to challenge proposition that telephone conversations led by Crown contained tacit admissions.
Appeal Determined (QCA)
[2021] QCA 192
07 Sep 2021
Appeal against conviction allowed, conviction set aside, retrial ordered; trial judge erred in directing jury that they could act on defence expert's evidence, notwithstanding previous disciplinary proceedings, if satisfied that he was a truthful and accurate witness; even if jury finds such evidence doubtful, if that evidence raises a reasonable doubt, it remains a factor in the jury's consideration; power of pathway to acquittal significantly reduced: Sofronoff P, Morrison JA, Mullins JA.
Appeal Status
Appeal Determined (QCA)
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