R v A

Case [2000] QCA 520


SUPREME COURT OF QUEENSLAND

CITATION:

R v AB [2000] QCA 520

PARTIES:

R
v
AB
(appellant)

FILE NO/S:

CA No 118 of 2000
DC No 830 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:


District Court at Brisbane

DELIVERED ON:

19 December 2000

DELIVERED AT:

Brisbane

HEARING DATE:

25 August 2000

JUDGES:

Pincus JA, Chesterman and Atkinson JJ
Separate reasons for judgment of each member of the Court; Pincus JA and Atkinson J concurring as to the orders made, Chesterman J dissenting

ORDER:

Appeal against conviction dismissed

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – VERDICT – INCONSISTENT, AMBIGUOUS AND MEANINGLESS VERDICTS – PARTICULAR CASES – OFFENCES AGAINST THE PERSON – whether verdicts inconsistent – whether explainable by manner and content of complainant’s evidence

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – OBJECTIONS AND POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON-DIRECTION – PARTICULAR CASES – evidence of uncharged acts admitted at trial – not objected to by defence on basis of tactical advantage – whether admission can be used by defence as ground to quash convictions on appeal

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – OTHER MATTERS – whether jury misdirected as to use that could be made of evidence of uncharged acts – basis for admission of evidence of uncharged acts – as direct evidence of offence – as evidence of general relationship between accused and complainant

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – OTHER MATTERS – whether Longman direction appropriate in circumstances of case – circumstances in which Longman direction should be given

Criminal Code, s 24, s 632

B v The Queen (1992) 175 CLR 599, considered
BRS v The Queen (1997) 191 CLR 275, considered
Crampton v R [2000] HCA 60, 23 November 2000, considered
Crofts v The Queen (1996) 186 CLR 427, considered
Gipp v The Queen (1998) 194 CLR 106, considered
Harriman v The Queen (1989) 167 CLR 590, considered
Hoch v The Queen (1988) 165 CLR 292, considered
Jones v The Queen (1997) 191 CLR 439, considered
Kilby v R (1973) 129 CLR 460, considered
Longman v The Queen (1989) 168 CLR 79, considered
R v Pearce (1999) 108 A Crim R 580, considered
Pfennig v The Queen (1994 – 1995) 182 CLR 461, considered
R v Ball [1911] AC 47, considered
R v Beserick (1993) 30 NSWLR 510, considered
R v Kemp [1997] 1 Qd R 383, considered
R v Kiellerup CA No 168 of 1998, 14 August 1998, considered
R v P [1999] QCA 411; CA No 130 of 1999, 28 September 1999, followed
R v TJW ex parte The Attorney General [1988] 2 Qd…

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Details
AGLC
R v A [2000] QCA 520
Case
[2000] QCA 520
Decision Date

CaseChat Overview and Summary

The appellant, A, was convicted by a jury of sexual penetration without consent and false imprisonment. The jury's verdicts were challenged on the grounds of inconsistency and ambiguity, as well as the admission of evidence of uncharged acts and the trial judge's direction to the jury. The Court of Appeal assessed these issues in relation to the conviction of the appellant. The primary legal issue was whether the jury's verdicts were inconsistent and ambiguous, making them meaningless, and whether this was attributable to the manner and content of the complainant's evidence. Another issue was whether the admission of evidence of uncharged acts, which was not objected to by the defence, could be used as a ground to quash the convictions on appeal.

The Court of Appeal concluded that the jury's verdicts, though initially appearing inconsistent, were explainable by the manner and content of the complainant's evidence. The court found no error in the admission of evidence of uncharged acts, as the evidence was relevant to the general relationship between the appellant and the complainant. The court also held that the trial judge's direction to the jury was appropriate in the circumstances, and did not amount to a misdirection. The appeal against the conviction was dismissed, and the convictions were upheld.

Orders

Orders of the court

Appeal against conviction dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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