DPP v Makary
[2012] QMC 6
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- Unreported Judgment
- Appeal Determined (QCA)
- DPP v Makary[2012] QMC 6Hine DCM
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DPP v Makary[2012] QMC 6
DPP v Makary[2012] QMC 6
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Editorial Notes
- Published Case Name:
DPP v Makary
- Shortened Case Name:
DPP v Makary
- MNC:
[2012] QMC 6
- Court:
QMC
- Judge(s):
Hine DCM
- Date:
20 Mar 2012
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | [2012] QMC 6 | 20 Mar 2012 | Crown application that certain witnesses be cross-examined via video link in committal proceedings granted: Hine DCM. |
| Primary Judgment | [2014] QDC 140 | 19 Jun 2014 | Pre-trial application for separate trials; ruling that A, L and E charges properly joined and should be tried together but that M charges be tried separately: Farr SC DCJ. |
| Primary Judgment | DC1688/13 (No citation) | 12 Oct 2015 | Date of conviction, after trial before Richards DCJ and a jury, of rape of M. |
| Primary Judgment | DC1097/16 (No citation) | 01 Jun 2016 | Date of conviction, after trial before Clare SC DCJ and a jury, of administering stupefying thing and rape of A, administering stupefying thing and rape of L, and administering stupefying thing and attempted rape (as an alternative to rape) of E. |
| Primary Judgment | DC1097/16 (No citation) | 03 Jun 2016 | Date of sentence for A, L and E convictions; for attempted rape of E, 10 years' imprisonment; on each other count, 18.5 years' imprisonment; sentences to be served concurrently: Clare SC DCJ. In her sentencing remarks, Clare SC DCJ referred to the offending as ‘protracted’ and involving ‘protracted violations’. |
| Primary Judgment | DC1688/13 (No citation) | 10 Jun 2016 | Date of sentence for M offence; 5 years’ imprisonment; sentence to be served cumulatively upon sentences imposed for A, L and E convictions; parole eligibility deferred by 2 years: Richards DCJ. |
| Appeal Determined (QCA) | [2018] QCA 257 (2018) 274 A Crim R 392 | 09 Oct 2018 | Appeal against A, L, E convictions dismissed; certain verdicts not unreasonable; no error in directions on s 24 or attempted rape (although former not required); complaints as to counsel’s conduct, admissibility of certain expert evidence, misjoinder (see [2014] QDC 140) and joint trial rejected. As to sentence – leave granted, error established; appeal dismissed, lesser sentence not warranted: Sofronoff P, Bond J (McMurdo JA dissenting on sentence length). |
| Appeal Determined (QCA) | [2018] QCA 258 [2019] 2 Qd R 528 | 09 Oct 2018 | Appeal against M conviction dismissed; trial judge did not err in refusing to direct the jury on the excuse of mistake of fact in respect of the complainant's consent to sexual intercourse. Leave to appeal against sentence refused; sentence not manifestly excessive: Sofronoff P, Bond J (McMurdo JA varying sentence in accordance with his Honour's reasons in [2018] QCA 257). |
Appeal Status
Appeal Determined (QCA)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| B v Dentists Disciplinary Tribunal | [1994] 1 NZLR 95 | 1 citation |
| Barron v Attorney-General (N.S.W.) | (1987) 10 NSWLR 215 | 1 citation |
| Barton v the Queen | (1980) 32 ALR 449 | 1 citation |
| Blacklidge v Police | [2011] QMC 7 | 1 citation |
| Cox v Coleridge | (1822) 107 ER 15 | 1 citation |
| Cox v Coleridge | (1822) lB et C 37 | 1 citation |
| Doney v The Queen | (1990) 171 CLR 207 | 1 citation |
| DPP v Weiss | [2002] VSC 15 | 1 citation |
| Hanna v Kearney | (1998) NSW SC 227 | 1 citation |
| Jago v District Court (NSW) | (1989) 41 A Crim R 307 | 1 citation |
| Jago v District Court of New South Wales | (1989) 168 C.L.R 23 | 1 citation |
| Jarvie v Magistrates Court of Victoria | [1995] 1 VR 84 | 1 citation |
| R v Cox | (2005) 165 A Crim R 326 | 1 citation |
| R v Goldman | (2004) 148 A Crim R 40 | 5 citations |
| R v Kim | (1998) 104 A Crim R 233 | 2 citations |
| R v Ngo | (2001) 124 A Crim R 151 | 1 citation |
| R v Stewart; ex parte Attorney-General | [1989] 1 Qd R 590 | 1 citation |
| R v Strawhorn | [2004] VSC 415 | 1 citation |
| The Queen v Sutton | [1980] 2 Qd R 72 | 1 citation |
Cases Citing
No judgments on Queensland Judgments cite this judgment.