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Date of conviction after trial (Morzone QC DCJ and jury) of aggravated sexual assault; accused licked ex-partner’s anus, which was videorecorded; consent and mistaken consent in issue at trial; complainant conceded ongoing sexual contact with accused after breakup; defence refused leave to ask complainant about consensual recording of similar act after breakup but before offence; prosecutor submitted to jury that it was not logical to conclude that complainant agreed to recording of offence.
Appeal Determined (QCA)
[2022] QCA 58
22 Apr 2022
Appeal of conviction allowed, conviction quashed, retrial ordered; miscarriage of justice; accused deprived of opportunity to adduce evidence which may have directly called into question complainant’s credibility on consent; absence of evidence enabled prosecutor to encourage jury to reason in a way which may not have been open had leave not been refused; unfairness not overcome by questioning in limited way about ongoing sexual relationship: Boddice J (Fraser and McMurdo JJA agreeing).
Appeal Determined (QCA)
[2022] QCA 122
12 Jul 2022
Application for appeal costs certificate refused: Fraser and McMurdo JJA and Boddice J.
Appeal Status
Appeal Determined (QCA)
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