SUPREME COURT OF QUEENSLAND
CITATION:
R v Adcock [2016] QCA 264
PARTIES:
R
v
ADCOCK, Christopher John
(appellant)FILE NO/S:
CA No 17 of 2016
DC No 103 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Maroochydore – Date of Conviction: 13 January 2016
DELIVERED ON:
20 October 2016
DELIVERED AT:
Brisbane
HEARING DATE:
3 August 2016
JUDGES:
Gotterson and Morrison JJA and North J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – APPEAL DISMISSED – where the appellant was found guilty, after trial, of one count of torture, one count of unlawful assault causing bodily harm and being armed with a weapon and in company with others, and one count of unlawfully detaining a person in a dwelling against their will – where the complainant was held captive in a unit, where she was tortured and assaulted over a period of 19 hours – where there were three co-offenders, one of which the complainant identified as the appellant – where the complainant in her first police interview did not identify the appellant – where in the complainant’s second police interview she identified the appellant after being prompted by a police officer – where the appellant contends that the verdict is unreasonable because the complainant could not clearly identify him – whether the verdict is unreasonable and cannot be supported having regard to the evidence
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – PREJUDICIAL EVIDENCE – PARTICULAR CASES – WHERE EVIDENCE FROM DECEASED WITNESS – where a witness gave a statement to the police after the offences occurred, but died before the trial commenced – where, at trial, the appellant contended that the statement should not be admitted as evidence as it could not be tested in court, and nor was it reliable – where the learned trial judge admitted the statement into evidence – whether the learned trial judge’s discretion miscarried by allowing the statement to be admitted as evidence
Evidence Act 1977 (Qld), s 93B, s 98, s 130
Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20, cited
Festa v The Queen (2001) 208 CLR 593; [2001] HCA 72, cited
Gilbert v The Queen (2000) 201 CLR 414, [2000] HCA 15, cited
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, applied
R v D (2003) 141 A Crim R 471; [2003] QCA 151, considered
R v FQ[2008] QCA 68, considered
R v Pearson[2015] QCA 157, cited
Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56, cited
SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13, applied
The Queen v Baden-Clay [2016] HCA 35, appliedCOUNSEL:
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- AGLC
- R v Adcock [2016] QCA 264
- Case
- [2016] QCA 264
- Decision Date
CaseChat Overview and Summary
The court examined the totality of the evidence and the reliability of the complainant's identification. It was noted that the complainant had a clear and detailed recollection of her ordeal, and her identification of Mr Adcock was consistent with other evidence. The court found that the complainant's initial failure to identify Mr Adcock did not undermine the reliability of her subsequent identification, especially considering the traumatic circumstances under which she was held. Regarding the deceased witness's statement, the court upheld the trial judge's discretion to admit the evidence, finding that the statement was reliable and relevant, and its exclusion would not have significantly affected the outcome of the trial.
The court concluded that the verdict was not unreasonable or unsustainable given the evidence presented. The identification of Mr Adcock was deemed reliable, and the admission of the deceased witness's statement did not miscarry the trial judge's judicial discretion. Consequently, the appeal was dismissed, and the convictions were upheld.
Orders
Orders of the court
The appeal is 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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