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Date of conviction; convicted after trial (Fantin DCJ and jury) of four counts of rape; trial judge summed up in a way that accused complained on appeal unnecessarily emphasised difficulties prosecution witnesses, particularly the complainant, might have had when giving evidence due to age, culture and passage of time, undermining major plank of defence case i.e. to suggest that inconsistencies in complainant’s accounts rendered her evidence unreliable.
Primary Judgment
DC43/19 (No citation)
25 Mar 2021
Date of sentence; offender 17yo at time of offences and 21 at sentence; 11yo complainant; four counts of rape committed in single episode; offender used force beyond that inherent in act of rape; no remorse; offending had serious consequences for complainant, including attempted suicide; offender to suffer in prison because of language and cultural differences; sentenced to 3.5 years’ imprisonment on each count (Fantin DCJ).
Appeal Determined (QCA)
[2021] QCA 261 (2021) 9 QR 571
03 Dec 2021
Appeal against convictions dismissed; jury’s verdicts not unreasonable; complaint of unfair summing-up rejected (per McMurdo JA, Applegarth J agreeing, that impugned passages were unnecessary observations about limitations of human memory but not such that jury may have misinterpreted them as indication of trial judge’s opinion about facts). Leave to appeal sentence refused; finding as to use of force justified; sentence not manifestly excessive: Sofronoff P, McMurdo JA, Applegarth J.
Appeal Status
Appeal Determined (QCA)
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