Court of Appeal (Qld)|2001-10-26|Before: McPherson JA, Jones and Mullins JJSeparate reasons for judgment of each, member of the Court, each concurring as to the orders made

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At a glance

Source facts

Court

Court of Appeal (Qld)

Decision date

2001-10-26

Before

McPherson JA, Jones and Mullins JJSeparate 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 APPEAL ALLOWED – where Crown entered

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 APPEAL ALLOWED – where Crown enterednolle presequi in respect of one offive counts on the indictment –whether the complainant’s evidence could sustain the verdicts ofguiltyCRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINSTTHE PERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUALOFFENCES– BUGGERY AND INDECENT ASSAULT OR DEALING – PROOF ANDEVIDENCEJones v The Queen (1997) 191 CLR 439, consideredMv The Queen [1994] HCA 63(1994) 181 CLR 487, appliedR v Aristidis [1998] QCA 422[1999] 2 QdR 629, consideredR v Markuleski [2001] NSWCCA 290, applied

Judgment (1 paragraphs)

[1]

Director of Public Prosecutions (Queensland) for the respondent

Parties

Applicant/Plaintiff:

# R

Respondent/Defendant:

M \[2001\] QCA 458

Cases Cited (2)

(1997) 191 CLR 439

(1994) 181 CLR 487