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Date of conviction of 11 counts of rape of younger sister; counts charged as occurring over period before and after enactment of Code s 349(3) and accused turning 14yo; complainant testified to lack of consent; defence argued that no penetrative acts occurred, although in pretext call accused alluded to other consensual acts; jury directed generally on Code s 29 and that child under 12 cannot consent; 2 counts charged as occurring in shed, where other acts had allegedly occurred.
Primary Judgment
DC85/18 (No citation)
18 Feb 2021
Date of imposition of head sentence of 6 years’ imprisonment with default parole eligibility; child persistently penetrated much younger sister in various ways from early age over extended period; offending involved threats and manipulation; offender 29yo at sentence, obvious lack of remorse, no criminal history, otherwise good character, suffered from depression and visual impairment and learning difficulties (Cash QC DCJ).
Appeal Determined (QCA)
[2021] QCA 220
15 Oct 2021
Appeal of convictions dismissed; general directions on Code s 29 adequate in context of issues at trial; erroneous direction as to consent did not cause miscarriage of justice; evidence led such that there was a common understanding of incident to which each shed count related. Leave to appeal sentence granted as, because of YJA s 387, s 144 applied to all counts, but, as no different sentence should be imposed, appeal dismissed: Boddice J (Sofronoff P and Bowskill SJA agreeing).
