R v Ali

The appellant, Ali, appealed against his conviction for an offence against s 210(1)(a) of the Criminal Code (Qld). The conviction arose from an incident in which the appellant was alleged to have unlawfully and indecently dealt with a teenage boy who was then 14 years old at the Ipswich City Library. The appellant was sentenced to release on entering into a recognisance in the amount of $200 on the condition that he keep the peace and be of good behaviour for two years. The court was required to decide whether the failure of the trial judge to direct the jury accordingly occasioned a substantial miscarriage of justice.

The court found that the failure of the trial judge to direct the jury to review the complainant's cross-examination constituted a non-direction which had a significant impact on the fairness of the trial. The court found that the omission of the complainant's cross-examination from the evidence replayed to the jury was not a trivial error but rather a substantial one that had the potential to influence the jury's decision. The court held that the error was not harmless and that it was necessary to order a retrial in the interests of justice.

The appeal was allowed, the conviction was set aside, and a retrial on the count in the indictment was ordered. The court found that the failure of the trial judge to direct the jury to review the complainant's cross-examination was a significant error that had the potential to influence the jury's decision. The court held that the error was not harmless and that it was necessary to order a retrial in the interests of justice. The court made no further orders.