QLDQCA
R v D [2003] QCA 148
[2003] QCA 148
Court of Appeal (Qld)|2003-04-04|Before: McPherson and Williams JJA and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2003-04-04
Before
McPherson and Williams JJA and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made
Catchwords
- CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
- – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS –
- UNREASONABLE OR
- INSUPPORTABLE VERDICT – WHERE EVIDENCE CIRCUMSTANTIAL – where
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 – WHERE EVIDENCE CIRCUMSTANTIAL – whereappellant convicted on one count of rape– where prosecution relied on thecircumstance of the appellant being the only adult with the child when theinjury occurred– whether the inference of the appellant’s guiltbeyond reasonable doubt was the only rational inference open to thejuryCRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE –FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE– RAPE– where appellant convicted of raping his four-year-old daughter –where appellant sentenced to 14 yearsimprisonment – where appellantshowed no remorse – where complainant suffered serious physical injuriesand severe psychologicalharm – where appellant likely to re-offend