QLDQCA
R v Waerea; ex parte A-G
[2003] QCA 20
Court of Appeal (Qld)|2003-02-07|Before: de Jersey CJ, Williams JA and Cullinane J, Separate reasons for judgment of each member of the Court, each concurring, as to the orders made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2003-02-07
Before
de Jersey CJ, Williams JA and Cullinane J, Separate 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
- – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE
- VERDICT –
- WHERE APPEAL DISMISSED – where acquittal on other count – where
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLEVERDICT –WHERE APPEAL DISMISSED – where acquittal on other count – whereinconsistencies in complainant’sevidence – wherecomplainant’s account corroboratedCRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERALOR OTHERCROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCESAGAINST THE PERSON – where disparityin age between respondent andcomplainant – where complainant intellectually impaired and vulnerablethrough consumption ofalcohol – where respondent knew ofcomplainant’s vulnerabilityCriminal Code (Qld), s 215(4)MFA v R [2002] HCA 53,appliedR v Percival [1997] QCA 453[1998] 2 Qd R 191, distinguishedR v S