QLDQCA
R v Fielding & Moore [2001] QCA 165
[2001] QCA 165
Court of Appeal (Qld)|2001-05-04|Before: Williams JA, White and Holmes JJSeparate judgment of each member of, the court each concurring as to the order made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2001-05-04
Before
Williams JA, White and Holmes JJSeparate judgment of each member of, the court each concurring as to the order made
Catchwords
- CRIMINAL LAW – OFFENCES AGAINST THE PERSON – OTHER OFFENCES
- AGAINST THE PERSON - SEXUAL OFFENCES – RAPE AND SEXUAL
- ASSAULT – S
- 7 CRIMINAL CODE PARTIES TO OFFENCES – co-accused convicted of offences
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – OFFENCES AGAINST THE PERSON – OTHER OFFENCESAGAINST THE PERSON - SEXUAL OFFENCES – RAPE AND SEXUALASSAULT – S7 CRIMINAL CODE PARTIES TO OFFENCES – co-accused convicted of offencesagainst a 15 year old girl –whether consensual - whether prejudicialevidence disclosed by one accused’s counsel and cross-examined byprosecutor madefair trial impossibleCRIMINAL LAW – EVIDENCE– JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – PREJUDICIALEVIDENCE – PARTICULARCASES – prejudicial evidence againstco-accuseds of a practice of enticing young woman with marijuana to providesexual intercourse– evidence disclosed by one accused’s counsel anddisallowed by trial judge with direction to jury – evidence latercross-examined by prosecutor without objection by counsel or directionby trial judge – whether trial judge should have exercised discretion todischarge juryCRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY