R v Walton & Harman [2001] QCA 309

CRIMINAL LAW - PARTICULAR OFFENCES - SEXUAL OFFENCES - where both accuseds and complainant affected by alcohol - where complainant had fallen asleep and woke as one accused was having sexual intercourse with her and the other was licking her breasts - where "blank spots" in complainant's memory - whether actions of one accused encouraged the other

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JURIES - SUMMING-UP - whether judge erred in direction concerning application of s7(1)(c) Criminal Code and "joint enterprise" to commit offence

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JURIES - MISCELLANEOUS POWERS OF COURTS AND JUDGES - whether judge erred in not discharging two jurors in circumstances where they were business associates of the complainant's mother and investigating officer's wife, respectively

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JURIES - SUMMING UP - whether judge erred in direction concerning intoxication of complainant and resultant loss of memory - whether direction inadequate

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS - whether judge erred in admission of evidence that appellant worked as a law clerk between being charged with offence and trial

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JURIES - SUMMING UP - whether judge erred in direction on lies - whether direction deficient

CRIMINAL LAW - JURISDICTION PRACTICE AND PROCEDURE - JURIES - VERDICT - whether unsafe and unsatisfactory

Criminal Code s 7, s 7(1)(a), s 7(1)(b), s 7(1)(c), s 8

Edwards v The Queen (1993) 1978 CLR 193, distinguished

R v Brennan [1999] 2 QdR 529, considered

R v Edwards & Ors [2000] QCA 508; CA No 148,159,168 of 2000, 14 December 2000, considered

R v Lowrie and Ross [2001] 1 QdR 529, distinguished

Tangye (1997) 92 A Crim R 545, considered

Webb & Hay v R [1994] HCA 30; (1994) 181 CLR 41, considered

Zoneff v R (2000) 200 CLR 234, considered

Director of Public Prosecutions (Queensland) for the respondent