R v H [2001] QCA 563

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - where appellant convicted of unlawfully and indecently dealing with a child under the age of 16 years - where complainant boy aged five years at time of alleged offence - where appellant male aged 19 years at time of alleged offence - where appellant known to plaintiff - where appellant friend of complainant's cousins - where alleged offence occurred at residence of complainant's aunt and uncle - where complainant allegedly made fresh complaint to his mother approximately 8 days following alleged offence

CRIMINAL LAW - EVIDENCE - EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS - where complainant's evidence in chief videotaped interview pursuant to s 93A of Evidence Act 1977 (Qld) - where interview conducted 13 days after alleged offence - whether such time frame prior to interview

impacted upon complainant's ability to freely recall events, particularly in light of complainant's age - where lack of spontaneity in complainant's answers to interviewer's questions throughout interview - where interviewer in questioning complainant continually asserted alleged offence - where internal inconsistencies in record of interview

CRIMINAL LAW - EVIDENCE - EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS - where complainant cross-examined by defence counsel at trial - where no evidence that corroborated complainant's account of events - where complainant denied occurrence of alleged offence and other events - where internal inconsistencies in evidence

CRIMINAL LAW - EVIDENCE - EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS - general consideration of issues surrounding evidence of child as young as complainant

CRIMINAL LAW - EVIDENCE - EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS - where complainant's mother and aunt gave evidence as to complainant's alleged change in behaviour following alleged incident - where no expert evidence linking alleged change in behaviour to alleged offence - whether inference could reasonably be drawn of causal connection between complaint and complainant's condition - whether changes of behaviour of child constitute corroborative circumstance

CRIMINAL LAW - JURISDCTION, PRACTICE AND PROCEDURE - JURIES - SUMMING-UP - whether learned trial judge erred in referring to complainant's alleged behavioural changes and related evidence of complainant's mother in summing-up to jury

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PROSECUTION - COURSES OF EVIDENCE, STATEMENTS AND ADDRESSES - whether improper for learned Crown Prosecutor to advert to complainant's alleged behavioural changes as confirmatory of offence having occurred

CRIMINAL LAW - JURISDCTION, PRACTICE AND PROCEDURE - PROSECUTION - JURIES - VERDICT - whether verdict unsafe and unsatisfactory

Evidence Act 1977 (Qld), s93A

M v The Queen [1994] HCA 63; (1984) 181 CLR 487, considered

R v Ellem (No 2) [1995] 2 Qd R 549, considered

R v Foley [1998] QCA 225; [2000] 1 Qd R 290, considered

R v Link [1992] QCA 127; (1992) 60 A Crim R 264, considered

R v Robinson [1991] HCA 38; (1991) 180 CLR 531, considered

Director of Public Prosecutions (Queensland) for the respondent