QLDQCA
R v V [2002] QCA 124
[2002] QCA 124
Court of Appeal (Qld)|2002-04-05|Before: McMurdo P, Williams JA, Muir JJudgment of the, Court
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-04-05
Before
McMurdo P, Williams JA, Muir JJudgment of the, Court
Catchwords
- CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
- – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE
- – TESTS
- – WHETHER JURY WOULD HAVE RETURNED SAME VERDICT – MISDIRECTION AND
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE– TESTS– WHETHER JURY WOULD HAVE RETURNED SAME VERDICT – MISDIRECTION ANDNON DIRECTION - where appellant convictedof three counts of indecent assaultwith a circumstance of aggravation – where prosecution case turned solelyon the unsupportedevidence of the complainant – where complainant’sevidence contradicted by evidence of the appellant and another witness–where trial judge summarised case as a denial by the appellant of thecomplainant’s allegations and did not directjury to other witness’evidence about the evening of the offence – where trial judge had anobligation to adequatelyand fairly put the defence case to the jury –whether failure to properly direct jury created a substantial risk ofmiscarriageof justice Festa v The Queen (2001) 76 ALJR 291,