QLDQCA
_R v Wheatley_
[2012] QCA 55
Court of Appeal (Qld)|2012-03-20|Before: Muir JA and Margaret Wilson AJA and Applegarth, J, Separate reasons for judgment of each member of the Court, each, concurring as to the orders made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2012-03-20
Before
Muir JA and Margaret Wilson AJA and Applegarth, 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 – MISCARRIAGE OF JUSTICE
- – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE
- – MISDIRECTION
- OR NON-DIRECTION – where the appellant was convicted after a trial of 10
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE– PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE– MISDIRECTIONOR NON-DIRECTION – where the appellant was convicted after a trial of 10counts of supplying a dangerousdrug with a circumstance of aggravation, sevencounts of indecent treatment of a child under 16 and four counts of rape –wherethe complainant was a 15 year old child entrusted to the care of theappellant – where the complainant alleged that the appellantwould commitsexual acts against her whilst she was greatly under the influence of cannabis– where the prosecution abandonedcognitive capacity as a ground for lackof consent – where the trial judge did not direct the jury with respect tothat abandonment– where the prosecutor personally attacked defencecounsel in his closing address and drew the jury’s attention to protectingthe weak and vulnerable of society – where the trial judge did not