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Convicted after trial (Rosengren DCJ and jury) of 2 counts of stalking, each concerning a neighbour, charged as occurring over 11y; neighbours testified to acts of varying types/frequencies with lengthy periods of no acts; counts went to jury comprising 96 and 15 acts respectively; accused claimed to do some acts because of abuse/harassment; jury directed on each count that they must all be satisfied of occurrence of at least 2 acts and that course of conduct consisting thereof caused detriment.
Appeal Determined (QCA)
[2022] QCA 50 (2022) 10 QR 825; (2022) 297 A Crim R 217
12 Apr 2022
Conviction appeal allowed, convictions quashed, retrial ordered; miscarriage of justice; denied chance of acquittal; failure to direct jury that they had to be satisfied as to such of alleged acts that together they constituted continuous course of conduct and, relatedly, to identify relevant aspects of the evidence; as to Code s 359D(e), reversal of onus of proof and failure to direct jury as to obtaining information, which arose on evidence: Morrison and McMurdo JJA and Boddice J.
Appeal Status
Appeal Determined (QCA)
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