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Date of conviction; convicted after trial before Callaghan J and jury of sexual, violent and drug offences involving child; most of child’s evidence-in-chief constituted by two s 93A interviews; during deliberations, jury requested replaying of s 93A interviews; during adjournment after first s 93A interview replayed, jury reached verdicts; trial judge warned jury not to give evidence undue weight and asked them to retire again; jury returned 19 minutes later with verdicts of guilty.
Appeal Determined (QCA)
[2021] QCA 265
03 Dec 2021
Appeal allowed, convictions set aside, retrial ordered; trial miscarried; without reference to cross-examination, conflicting evidence and defence arguments, complainant’s evidence may have been given undue weight; proviso not sought to be applied: McMurdo JA (Fraser JA and Mullins JA agreeing).
Appeal Status
Appeal Determined (QCA)
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