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Date of conviction of rape (sentenced at [2021] QDCSR 595) after retrial (see [2020] QCA 127); complainant alleged waking up to accused having sex with her; intercourse admitted at trial; in pretext call, accused claimed ignorance of events but then said ‘[he] kn[e]w’ that complainant awoke naked, which was led as an admission in that he knew that because he had undressed her while she slept; jury directed that they must be satisfied that statement true and examples of innocent inferences given.
Appeal Determined (QCA)
[2022] QCA 84
20 May 2022
Appeal against conviction dismissed; evidence admissible as statement against interest relevant to question of awareness of complainant being undressed, notwithstanding availability of innocent inferences (and, it followed, no miscarriage of justice arose out of trial judge’s failure to exclude evidence as unfair); trial judge’s directions on admission appropriate in light of conduct of case: Martin SJA (Bowskill CJ and Sofronoff P agreeing).
Special Leave Refused (HCA)
[2022] HCASL 171
13 Oct 2022
Application for special leave to appeal from [2022] QCA 84 refused: Gordon and Edelman JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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