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R v Clancy[2022] QCA 162

Reported at (2022) 11 QR 582
CITATION: R v Clancy [2022] QCA 162
JUDGE(S): McMurdo JA, Flanagan JA, Beech AJA
DELIVERED ON: 31 August 2022
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Editorial Notes

  • Published Case Name:

    R v Clancy

  • Shortened Case Name:

    R v Clancy

  • Reported Citation:

    (2022) 11 QR 582

  • MNC:

    [2022] QCA 162

  • Court:

    QCA

  • Judge(s):

    McMurdo JA, Flanagan JA, Beech AJA

  • Date:

    31 Aug 2022

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC466/21 (No citation)23 Sep 2021Date of conviction of one count of rape; tried before Dick SC DCJ and jury; consent and mistake as to consent in issue at trial; complainant’s evidence critical; trial judge intervened in cross-examination preventing complainant from being asked whether she ‘allowed [the accused] to have sex with [her]’; both counsel addressed jury and trial judge summed up on issue relating to formal admission that complainant had previously stated that she thought that the sex was consensual.
Notice of Appeal FiledFile Number: CA262/2119 Oct 2021Notice of appeal against conviction filed.
Appeal Determined (QCA)[2022] QCA 16231 Aug 2022Appeal against conviction allowed, verdict of guilty set aside, retrial ordered; miscarriage of justice; trial judge’s intervention, which was erroneous, affected exploration of critical issue, namely consent; trial judge’s summing up on issue relating to formal admission was unfair and unbalanced (in addition to there being other aspects of concern in summing up relating to mistake, the rule in Browne v Dunn and complainant’s credibility): McMurdo and Flanagan JJA and Beech AJA.

Appeal Status

Appeal Determined (QCA)

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