SUPREME COURT OF QUEENSLAND
CITATION:
R v Ali [2025] QCA 164
PARTIES:
R
v
ALI, Tariq
(appellant)FILE NO/S:
CA No 36 of 2023
DC No 48 of 2022DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Toowoomba – Date of Conviction: 9 March 2023 (Smith DCJA)
DELIVERED ON:
5 September 2025
DELIVERED AT:
Brisbane
HEARING DATE:
14 August 2025
JUDGES:
Mullins P and Boddice and Bradley JJA
ORDER:
The appeal is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted after trial before a jury of having unlawfully and indecently assaulted a female complainant – where the indictment alleged one count of unlawful indecent assault – where that assault was particularised as kissing the complainant on the face and/or neck, one or more times without her consent – whether the jury’s verdict is unreasonable and cannot be supported by the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – EFFECT OF MISDIRECTION OR NON-DIRECTION – where the appellant submits that “sexual intention” or “sexual gratification” are not elements of an offence of indecent assault – whether the trial judge erred in directing the jury on “sexual intention” and “sexual gratification”
Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25, applied
Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12, applied
R v McGrady[2020] QCA 192, citedCOUNSEL:
R Salehkon (sol) for the appellant
M B Lehane for the respondentSOLICITORS:
Toowoomba Multicultural Legal Service Inc for the appellant
Director of Public Prosecutions (Queensland) for the respondent
MULLINS P: I have undertaken an independent assessment of the evidence adduced at the trial and agree with Boddice JA’s conclusion that the verdict of the jury was not unreasonable. I otherwise agree with the reasons of Boddice JA and that the appeal should be dismissed.
BODDICE JA: On 9 March 2023, a jury found the appellant guilty of having unlawfully and indecently assaulted a female complainant on 16 August 2020.
The appellant appeals that conviction, relying on four grounds.
First, that the jury’s verdict is unreasonable and cannot be supported by the evidence. Second, that the trial judge erred in refusing a submission of no case. Third, that the trial judge erred in directing the jury on “sexual intention” and “sexual gratification”. Fourth, that there has been a miscarriage of justice by reason of the trial judge failing to properly, or adequately direct the jury on the relevance of the complainant’s intoxication to her reliability and credibility.
Indictment
The indictment alleged one count of unlawful indecent assault. That assault was particularised as kissing the complainant on the face and/or neck, one or more times without her consent.
Evidence
Complainant
On the evening of 15 August 2020, the complainant went with some friends to listen to a live band.…
Continue reading R v Ali
Sign in free to access the full text
- AGLC
- R v Ali [2025] QCA 164
- Case
- [2025] QCA 164
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the jury's verdict was unreasonable and could not be supported by the evidence, and whether the trial judge misdirected the jury by including "sexual intention" or "sexual gratification" as elements of the offence of indecent assault. The appellant argued that such elements were not necessary for a conviction and that the trial judge's inclusion of them was erroneous. The court had to determine if the judge's direction constituted a misdirection or non-direction that had a significant impact on the jury's verdict.
The court found that the evidence presented was sufficient for the jury to conclude that the appellant's actions were unlawful and indecent. The complainant's account of the events was consistent and corroborated by other witnesses, including her ex-partner and friends, as well as her statements to emergency services. The court emphasised the role of the jury in evaluating the evidence and concluded that the jury's verdict, finding the appellant guilty, was supported by the evidence. The court also determined that the trial judge's inclusion of "sexual intention" or "sexual gratification" as elements of the offence did not amount to a misdirection that would warrant a new trial. The appeal was dismissed, affirming the conviction.
No further orders were made beyond the dismissal of the appeal.
Orders
Orders of the court
The appeal is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
At the conclusion of the Crown case, the appellant elected to neither give nor call evidence.ConsiderationGround 1 The determination of a ground of appeal that a jury verdict is unreasonable and not supported by the evidence requires this Court to independently assess the record to determine whether, on a consideration of the evidence as a whole, it was open to the jury to be satisfied of the appellant’s guilt of the offence, beyond reasonable doubt.[8] Due regard is to be accorded to the role of a jury in the criminal trial.[9] However, if there are inconsistencies, discrepancies, inadequacies or other evidence which, even allowing for the advantages enjoyed by the jury, are of such a nature that a reasonable doubt ought to have been entertained, the verdict will be considered unreasonable.[10][8]Dansie v The Queen (2022) 274 CLR 651 at [35] (Dansie).[9]Dansie at [9] citing M v The Queen (1994) 181 CLR 487 at 493.[10]Pell v The Queen (2020) 268 CLR 123 at 145, [39]. The appellant submitted that it was not open to the jury to find him guilty of sexual assault, as kissing, even without consent, was insufficient. There must be touching of breasts or genitalia to constitute the offence. There is no substance in the appellant’s contentions. The offence of sexual assault, relevantly, is committed if a person unlawfully and indecently assaults another person. An assault is unlawful, if there is an application of force, to another, without that person’s consent. An assault is indecent if the act offends against currently accepted standards of decency. Indecency must always be judged in the light of time, place and circumstances. In the present case, the issues for the jury were whether the appellant had kissed the complainant’s face and/or neck; whether that kissing of the face and neck was without the complainant’s consent; and whether that kissing was indecent. As to the first two issues, there was evidence from the complainant of the appellant kissing her face and neck, without her consent. The complainant maintained a consistency in that account. That consistency was supported by preliminary complaint evidence from her ex-partner and two friends and by her account to the triple-zero operator and the first responding police. Nothing in the cross-examination of the complainant supported a conclusion that the jury had to have a reasonable doubt as to the reliability and credibility of the complainant’s account of that kissing. The element of indecency arose for consideration by the jury because the time, place and circumstances of that kissing to the face and neck, was capable of being accepted by the jury as offending against currently accepted standards of decency. The appellant, a taxi driver, had, on the complainant’s evidence, asked her questions about whether a person was at home, in circumstances where she was overtly upset and distressed and suffering significant intoxication. Thereafter, he had entered her home, and taken her to the bedroom, climbed on top of her, pushed her back on the bed and kissed her face and neck, without her consent. Those circumstances plainly gave rise to events which may be regarded by the community as indecent. It offended against currently accepted standards of decency.