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Date of conviction; tried on five offences of violence committed against ex-partner (L) and her daughter (P); found guilty of choking L, assaulting L and assaulting P in one incident; acquitted of assaulting L in that incident and choking L in another; trial judge refused application to further cross-examine complainants; his Honour reasoned that nothing could be done to prevent Crown from criticising accused’s testimony as recent invention; accused consequently declined to testify.
Appeal Determined (QCA)
[2021] QCA 287
17 Dec 2021
Appeal against convictions allowed, convictions quashed, retrial ordered; miscarriage of justice; trial judge’s reasoning inconsistent with authority; accused unfairly deterred from giving evidence; verdicts of guilty not irreconcilable with verdicts of not guilty: McMurdo JA (Holmes CJ and Mullins JA agreeing).
Appeal Status
Appeal Determined (QCA)
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