QLDQCA
R v Williams [2002] QCA 211
[2002] QCA 211
Court of Appeal (Qld)|2002-06-21|Before: Williams JA, Cullinane and Jones JJSeparate 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
2002-06-21
Before
Williams JA, Cullinane and Jones JJSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made.
Catchwords
- CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE
- PERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUAL
- OFFENCES –
- RAPE AND SEXUAL ASSAULT – PROOF AND EVIDENCE – where virgin
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THEPERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUALOFFENCES –RAPE AND SEXUAL ASSAULT – PROOF AND EVIDENCE – where virgincomplainant was raped after being threatenedby a knife – whether theverdict was unsafe and unsatisfactory because of impermissible questionsrelating to the complainant’smotive and prejudicial evidence concerningallegations of drug use by the appellant in the Record of Interview which wasadmitted- whether the failure of the defence counsel to cross-examine aparticular witness caused the trial to miscarry – test in M v TheQueen applied – R v E considered – Festa v The QueenfollowedCRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE – JURIES –DISCHARGE AND EXCUSING FROM ATTENDANCE – JURY UNABLETO AGREE- whetherlearned trial judge erred in making some concluding remarks to a Blackdirection which might lead to putting unnecessary pressure on the jury to return