Queensland Judgments
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R v Pearce[2022] QCA 43

Reported at (2022) 10 QR 369
CITATION: R v Pearce [2022] QCA 43
JUDGE(S): McMurdo JA, Bond JA, Flanagan J
DELIVERED ON: 01 April 2022
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Editorial Notes

  • Published Case Name:

    R v Pearce

  • Shortened Case Name:

    R v Pearce

  • Reported Citation:

    (2022) 10 QR 369

  • MNC:

    [2022] QCA 43

  • Court:

    QCA

  • Judge(s):

    McMurdo JA, Bond JA, Flanagan J

  • Date:

    01 Apr 2022

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC65/21 (No citation)20 Aug 2021Date of conviction after trial (Jackson QC DCJ and jury) of two counts of rape; credibility of complainant and accused in issue; juror attempted to secrete note revealing bailiff had communicated with jury in jury room, leading to juror’s discharge and continuation of trial with 11 jurors; defence counsel agreed with course taken; jury directed to try to reach unanimous verdict, disregard external influences and that there was no time pressure to reach verdict.
Appeal Determined (QCA)[2022] QCA 4301 Apr 2022Appeal against convictions allowed, convictions quashed, retrial ordered; miscarriage of justice arising out of significant irregularities at trial; bailiff impermissibly communicated with jury, referring to some matters dealt with in Black direction, in accused’s absence and before deliberations commenced; discretion to discharge juror miscarried; conclusion unaffected by defence counsel’s conduct; proviso could not apply: Bond JA (with whom McMurdo JA and Flanagan J agreed).

Appeal Status

Appeal Determined (QCA)

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