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Date of conviction of historical child sex offences after retrial (see [2020] QCA 27); complainants’ credibility and reliability critical; defence case that conduct did not occur and accused gave evidence to that effect; in context of assessing witnesses’ evidence, jury directed (EA s 132BA) that accused suffered significant forensic disadvantage in his faded memory and lost chance to assemble evidence of people’s movements and prove or disprove allegations eg by timely medical examination.
Appeal Determined (QCA)
[2022] QCA 108
17 Jun 2022
Appeal against convictions dismissed; accused challenged adequacy and correctness of EA s 132BA direction; direction adequately explained nature of forensic disadvantage in circumstances of particular trial; direction properly related back to real issue in trial, which was complainants’ credibility and reliability; direction not wrong in law by use of words ‘prove or disprove’, which would have been understood to mean ‘test’: Fraser and Mullins JJA and Ryan J.
Appeal Status
Appeal Determined (QCA)
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