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Date of conviction; convicted after trial (Reid DCJ and jury) of one count of rape; complainant a special witness for whom special arrangements under EA s 21A(2) made; consent and mistake as to consent in issue at trial; complainant gave evidence that she awoke to accused having sex with her; accused’s account in pretext phone call that complainant awake before sexual intercourse commenced.
Appeal Determined (QCA)
[2021] QCA 262
03 Dec 2021
Appeal allowed, conviction set aside, retrial ordered; trial judge erred in law in failing to direct jury in accordance with EA s 21A(8)(a); trial judge’s failure to give Liberato direction resulted in miscarriage of justice; combination of omissions meant that Crown could not discharge onus in respect of proviso; as not possible to conclude that not open to properly-instructed jury to find accused guilty, retrial should be ordered: Sofronoff P, Mullins JA, Daubney J.
Appeal Status
Appeal Determined (QCA)
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