To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Date of conviction; convicted after trial (Kent QC DCJ and jury) of sexual assault and four counts of rape; common ground that accused did physical acts while mind affected in some way; accused recently ceased taking antibiotics, consumed alcohol and handled allergen; jury directed (on authority of R v Kusu [1981] Qd R 136 (‘Kusu’)) that Code s 23(1)(a) did not apply if accused intoxicated.
Notice of Appeal Filed
File Number: CA3/22
04 Jan 2022
Notice of appeal against conviction filed.
Appeal Determined (QCA)
[2022] QCA 90 (2022) 10 QR 753; (2022) 298 A Crim R 196
24 May 2022
Appeal against convictions dismissed; appellant challenged authority of Kusu; consistent line of high authority renders accepting challenge impossible because majority decision (W B Campbell and Matthews JJ) accords with long-established precedent; reasons of Macrossan J do no more than say that intoxication might be relevant to proof in a case of involuntariness under s 23: Sofronoff P (Morrison and Mullins JJA agreeing).
Special Leave Refused (HCA)
[2022] HCATrans 232
16 Dec 2022
Special leave to appeal from [2022] QCA 90 refused: Gageler, Steward and Gleeson JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
Please select (using the checkboxes) which search results you would like to add to a list.
