SUPREME COURT OF QUEENSLAND
CITATION:
R v Ali [2017] QCA 300
PARTIES:
R
v
ALI, Mustapha Abdillah
(appellant)FILE NO/S:
CA No 296 of 2016
DC No 743 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 28 October 2016 (Sheridan DCJ)
DELIVERED ON:
8 December 2017
DELIVERED AT:
Brisbane
HEARING DATE:
4 May 2017
JUDGES:
Sofronoff P and Philippides JA and Atkinson J
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL –– VERDICT UNREASONABLE OR INSUPPORTABLE – APPEAL DISMISSED – where the appellant was convicted after trial of rape by penile penetration and acquitted of rape by digital penetration – where a pretext phone call was admitted into evidence – where the complainant’s flatmates gave preliminary complaint evidence – where the complainant at all material times suffered from bipolar disorder and depression – where the complainant was said to be a person who was prone to delusional thinking – where the complainant had admitted to using cannabis – where the complainant had given evidence of occasions of consensual sexual intercourse with the appellant – where the appellant sought to rely on the sentencing judge’s observations in the sentencing remarks regarding the complainant’s credibility – whether the verdict was unreasonable or cannot be supported by the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – INCONSISTENT VERDICTS – where appellant was convicted after trial of rape by penile penetration and acquitted of rape by digital penetration – where the conduct the subject of the counts occurred on different nights – where the complainant gave evidence that she repeatedly said “no” in relation to the penile penetration count but not in relation to the digital penetration count – where mistake of fact as to consent was not in issue in relation to the penile penetration count – whether the different verdicts were logical with reference to the evidence – whether the verdicts were impermissibly inconsistent
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where a pretext call between the appellant and the complainant was admitted into evidence – where the pretext call allegedly included an apology and admissions by the appellant – where the appellant contended that the pretext call lacked probative value as there was no supporting evidence as to whether the statements were referable to the conduct the subject of the conviction – where no objection to the evidence was raised at trial – whether the trial judge erred in failing to exclude the evidence as a matter of discretion
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – where the appellant contended that the trial judge failed to give a Markuleski direction in relation to inconsistent verdicts – where the appellant contended that the trial judge failed to direct the jury to have regard to the complainant’s use of…
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- R v Ali [2017] QCA 300
- Case
- [2017] QCA 300
- Decision Date
CaseChat Overview and Summary
The court considered the evidence presented at trial, including the complainant’s evidence and the appellant’s contentions regarding inconsistencies in the verdicts. The court found that the verdicts were not inconsistent as they related to different instances of sexual conduct occurring on different nights. The court also found that the pretext call evidence was properly admitted and that the trial judge did not err in failing to exclude it. Furthermore, the court held that there was no miscarriage of justice caused by the trial judge’s directions to the jury, including the failure to give a Markuleski direction, failing to direct the jury to consider the complainant’s use of cannabis, and failing to adequately direct the jury on the weaknesses in the complainant’s evidence.
The court ultimately dismissed the appeal and upheld the conviction. The court found that the evidence was sufficient to support the verdict and that there was no miscarriage of justice caused by the trial judge’s directions to the jury. The appeal was therefore dismissed, and the conviction was upheld.
Orders
Orders of the court
Appeal 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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