Court of Appeal (Qld)|2002-06-21|Before: Williams JA and Cullinane and Jones JJSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
Williams JA and Cullinane and Jones JJSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
Catchwords
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE
PERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUAL
OFFENCES –
BUGGERY AND INDECENT ASSAULT OR DEALING – PROOF AND EVIDENCE – where
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THEPERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUALOFFENCES –BUGGERY AND INDECENT ASSAULT OR DEALING – PROOF AND EVIDENCE – whereappellant convicted of unlawfulindecent dealing and attempted rape of a childunder the age the age of 12 who was the daughter of his defacto spouse –whetherthe verdict was unsafe and unsatisfactory because of inconsistencies anddeficiencies in the complainant’s evidence –M v The Queenapplied - whether the learned trial judge erred in not warning the jury with adirection of the type referred to in R v RobinsonCRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THEPERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUALOFFENCES –BUGGERY AND INDECENT ASSAULT OR DEALING – PRACTICE AND PROCEDURE –whether the learned trial judge erredin directing that the complainant bescreened from the appellant whilst giving evidence pursuant to s 21A of the
Evidence Act 1977 (Qld)
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT
AND PUNISHMENT - SENTENCE – FACTORS TO BE TAKEN
INTO ACCOUNT –
FACTUAL BASIS FOR SENTENCE – SENTENCE TO BE OF AND RELATED TO OFFENCE -
PARTICULAR CASES – where
applicant sentenced to 4 years imprisonment for
attempted rape and 2 years for each count of indecent dealing, all to be served
concurrently
– whether sentence manifestly excessive – R v
Crosbie, R v Biddle and R v Delaney considered – application
refused
Evidence Act 1977 (Qld), s 21A
Crampton v The Queen [2000] HCA 60
(2000) 75 ALJR 133,
consideredDoggett v The Queen [2001] HCA 46
(2001) 75 ALJR 1290,
consideredM v The Queen [1994] HCA 63
(1994) 181 CLR 487, appliedR v
Biddle CA No 317 of 1990, 25 March 1991, consideredR v Crosbie
[1995] QCA 12
CA Nos 479 & 500 of 1994, 15 February 1995,
consideredR v Delaney CA No 303 of 1991, 6 March 1992,
consideredR v Longman [1989] HCA 60
(1989) 168 CLR 79, consideredR v
Robinson [1999] HCA 42
(1999) 197 CLR 162, consideredWest v R [1992] 1 Qd R
227, followed
Judgment (9 paragraphs)
[1]
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - OTHER OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - BUGGERY AND INDECENT ASSAULT OR DEALING - PROOF AND EVIDENCE - where appellant convicted of unlawful indecent dealing and attempted rape of a child under the age the age of 12 who was the daughter of his defacto spouse - whether the verdict was unsafe and unsatisfactory because of inconsistencies and deficiencies in the complainant's evidence - M v The Queen applied - whether the learned trial judge erred in not warning the jury with a direction of the type referred to in R v Robinson CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - OTHER OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - BUGGERY AND INDECENT ASSAULT OR DEALING - PRACTICE AND PROCEDURE - whether the learned trial judge erred in directing that the complainant be screened from the appellant whilst giving evidence pursuant to s 21A of the Evidence Act1977 (Qld) CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT - FACTUAL BASIS FOR SENTENCE - SENTENCE TO BE OF AND RELATED TO OFFENCE - PARTICULAR CASES - where applicant sentenced to 4 years imprisonment for attempted rape and 2 years for each count of indecent dealing, all to be served concurrently - whether sentence manifestly excessive - R v Crosbie, R v Biddle and R v Delaney considered - application refused Evidence Act1977 (Qld), s 21ACramptonv The Queen[2000] HCA 60; (2000) 75 ALJR 133, considered