SUPREME COURT OF QUEENSLAND
CITATION:
R v ABF; R v MDK [2021] QCA 240
PARTIES:
In CA No 106 of 2019:
R
v
ABF
(appellant/applicant)In CA No 108 of 2019:
R
v
MDK
(appellant)FILE NO/S:
CA No 106 of 2019
CA No 108 of 2019
DC No 56 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
Appeal against ConvictionORIGINATING COURT:
District Court at Maroochydore – Date of Conviction: 28 March 2019; Date of Sentence: 18 April 2019 (Long SC DCJ)
DELIVERED ON:
12 November 2021
DELIVERED AT:
Brisbane
HEARING DATE:
19 April 2021
JUDGES:
McMurdo and Mullins JJA and Bradley J
ORDERS:
In CA No 106 of 2019:
1. Appeal against conviction dismissed.
2. Application for appeal against sentence granted.
3. Appeal allowed.
4. Substitute the following terms of imprisonment for those imposed by the sentencing judge on 18 April 2019:
Count 19 Ten years
Count 23 Three years
Count 25 Four years
Count 26 Eight years
Count 27 Eight years
Count 28 Eight years
5. The orders otherwise made by the sentencing judge on 18 April 2019 are confirmed.
In CA No 108 of 2019:
1. Appeal against conviction dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the male appellant was tried before a jury and convicted of numerous sexual offences committed against three child complainants under 12 years and under his care – where the female appellant was tried on the same indictment and convicted of sexual offences in respect of which she was charged jointly with the male appellant that were committed against the third complainant under her care who was her daughter– where the male appellant was the father of the first and second complainants – where there was evidence the first and second complainants discussed the male appellant’s sexual offending with their mother and each other – where the first complainant was interviewed for four s 93A statements – where the second complainant was interviewed for three s 93A statements – where each of the first and second complainants gave evidence of what she could remember of the incidents on which she was cross-examined – where the third complainant was around five years old when interviewed for her first and second s 93A statements – where the third complainant in both interviews gave graphic descriptions of sexual practices – where the third complainant conceded at the conclusion of her cross-examination that she could not remember anything that she had spoken about in her s 93A statements – where the verdicts of guilty on some counts relied upon evidence of a witness other than the relevant complainant who did not give evidence about the particular incident – whether multiple charges were brought by the prosecution due to inconsistencies in the evidence of the third complainant – whether the guilty verdicts were unreasonable or unsupported by the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL…
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- AGLC
- R v ABF; R v MDK [2021] QCA 240
- Case
- [2021] QCA 240
- Decision Date
CaseChat Overview and Summary
The court also considered whether the trial judge erred in the joint trial of the appellants and the conduct of the female appellant's defence counsel. The court determined that the trial judge did not err in his directions to the jury, and the female appellant's counsel did not act unreasonably in failing to subpoena records from an aquatic centre or challenge the credibility of the mother by reference to a domestic violence order. The court found that the female appellant's counsel's conduct was not deficient.
The court examined the appellants' appeals against their sentences, finding that the female appellant's sentence was manifestly excessive. The court allowed the appeal against sentence for the female appellant and substituted the terms of imprisonment for those imposed by the sentencing judge. The male appellant's appeal against sentence was dismissed.
The court dismissed the appeals against conviction for both appellants and allowed the female appellant's appeal against sentence. The court substituted the terms of imprisonment for the female appellant and confirmed the orders made by the sentencing judge for the male appellant.
Orders
Orders of the court
In CA No 106 of 2019:
1. Appeal against conviction dismissed.
2. Application for appeal against sentence granted.
3. Appeal allowed.
4. Substitute the following terms of imprisonment for those imposed by the sentencing judge on 18 April 2019:
Count 19 Ten years
Count 23 Three years
Count 25 Four years
Count 26 Eight years
Count 27 Eight years
Count 28 Eight years
5. The orders otherwise made by the sentencing judge on 18 April 2019 are confirmed.
In CA No 108 of 2019:
1. Appeal against conviction dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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