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Date of conviction after trial (Rosengren DCJ and jury) of seven counts of indecent treatment relating to two young siblings who shared a bedroom in accused’s home; consistently with defence position, trial judge ruled that complainants’ evidence not cross-admissible and directed jury accordingly; defence case that charged conduct did not occur and complainants colluded with each other and their mother to bring false allegations against accused.
Primary Judgment
DC110/20 (No citation)
08 Jun 2021
Date of sentence; head sentence of 6 years’ imprisonment with parole eligibility after 3 years; offender used physical force, threats, and a knife in procuring one step-granddaughter to masturbate him on multiple occasions over protracted period and offender kissed another step-granddaughter; both children under 12 and under care; offences domestic violence offences; 41-44yo offender (55yo at sentence), no criminal history, no reoffending in decade since, no demonstrated remorse (Rosengren DCJ).
Appeal Determined (QCA)
[2022] QCA 106
14 Jun 2022
Appeal against convictions dismissed; defence counsel’s failure to seek separate trials for each complainant did not give rise to a miscarriage of justice in circumstances where it was the result of an informed and deliberate forensic decision which, in the circumstances, was reasonably open, notwithstanding that the strategy pursued did not succeed. Application for leave to appeal against sentence refused; sentence not manifestly excessive: Morrison JA (Sofronoff P and Mullins JA agreeing).
Appeal Status
Appeal Determined (QCA)
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