McMurdo P, Williams JA, Atkinson JJudgment of the, Court
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
– APPEAL AND NEW TRIAL – PARTICULAR GROUNDS –
UNREASONABLE OR
INSUPPORTABLE VERDICT – appellant charged with rape, indecent dealing,
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL – PARTICULAR GROUNDS –UNREASONABLE ORINSUPPORTABLE VERDICT – appellant charged with rape, indecent dealing,deprivation of liberty and assault occasioningbodily harm – acquitted ofrape and indecent dealing but convicted of deprivation of liberty and assaultoccasioning bodilyharm - whether inconsistency in verdicts – whereevidence provides a rational basis for the verdict of guilty of assaultoccasioningbodily harmCRIMINAL LAW – APPEAL AND NEW TRIAL ANDINQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS–MISDIRECTION AND NON-DIRECTION - where no direction given that in orderto convict for deprivation of liberty, the prosecution mustprove beyond areasonable doubt that the appellant did not honestly and reasonably believe thatthe complainant was consenting toher stay in the room – where verdicts
inconsistent – enter verdict of acquittalCRIMINAL LAW –
APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL
– PARTICULAR GROUNDS –
MISDIRECTION AND NON-DIRECTION - whether
evidence of the complainant inconsistent – where judge gave appropriate
direction
concerning the complainants evidence – no miscarriage of
justiceCRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER
CONVICTION – APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - where
sentence based on deprivation of liberty for the entire evening exacerbated the
offence of assault occasioning bodily harm –
where sentence manifestly
excessive – sentence of two years imprisonment
substituted.Mackenzie v The Queen (1996) 190 CLR 348,
considered
Judgment (1 paragraphs)
[1]
Director of Public Prosecutions (Queensland) for the respondent