SUPREME COURT OF QUEENSLAND
CITATION: R v Aston-Brien [2000] QCA 211 PARTIES: R
v
ASTON-BRIEN, Stephen John
(appellant)FILE NO/S: CA No 439 of 1999
DC No 177 of 1999DIVISION: Court of Appeal PROCEEDING: Appeal against conviction and sentence ORIGINATING COURT: District Court at Ipswich
DELIVERED ON: 2 June 2000 DELIVERED AT: Brisbane HEARING DATE: 11 May 2000 JUDGES: Davies JA, Mackenzie and Douglas JJ
Judgment of the CourtORDER: Appeal against conviction allowed and new trial ordered CATCHWORDS: CRIMINAL LAW – EVIDENCE – COMPLAINTS – GENERALLY – appeal against conviction and sentence on charge of rape – complainant at time of offence was recovering from injuries suffered as a result of a motor vehicle accident – complainant was a user of amphetamines – after the incident the complainant was given drugs by appellant – the following day the complainant told the appellant's girlfriend of the incident – approximately six months later a further complaint was made which led to the arrest of the appellant – where first complaint was not treated as recent for the purposes of the trial – where trial judge did not give directions as to the permissible use of initial complaint – whether a direction should have been given to warn the jury that evidence of prior complaint was not evidence of facts in issue
CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – IMPEACHMENT OF CREDIT AND ADMISSIBILITY OF EVIDENCE AS TO CREDIT – GENERALLY – whether there should have been a direction as to evidence tending to show the appellant was of bad character – where it is an impermissible conclusion that appellant's involvement with drugs constitutes guilt of rape – whether lack of direction vitiated the trial
Jones v The Queen (1997) 71 ALJR 538, applied
Robinson (1998) 102 A Crim R 89, considered
Robinson v The Queen (1999) 73 ALJR 1314, considered
Suresh v The Queen (1998) 153 ALR 145, appliedCOUNSEL: J M McLennan for appellant
A J Rafter for respondentSOLICITORS: Legal Aid Queensland for appellant
Director of Public Prosecutions (Queensland) for respondent
THE COURT: The appellant was convicted of rape and sentenced to six years imprisonment. He appeals against his conviction and seeks leave to appeal against sentence.
The complainant was a 20 year old woman who from time to time lived with the appellant and his girlfriend. The complainant was a user of amphetamines at the time of the offence. On the day of the offence she was recovering from injuries suffered two days before when she got out of a moving vehicle as a result of an argument with the driver. She was self-medicating herself with Serapax and codeine phosphate for the two days while she was convalescing.
Her evidence was that she was asleep in the bed normally shared by the appellant and his girlfriend. She had gone to bed wearing only boxer shorts and a T-shirt. She was awakened to find the appellant on top…
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- AGLC
- R v Aston-Brien [2000] QCA 211
- Case
- [2000] QCA 211
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge's failure to provide a direction regarding the use of the initial complaint was an error. It was held that the jury should have been warned that evidence of the prior complaint was not evidence of facts in issue, as it was not treated as recent. Additionally, the court considered the issue of whether there should have been a direction regarding evidence tending to show the appellant was of bad character. The court held that it was an impermissible conclusion that the appellant's involvement with drugs constituted guilt of the offence of rape. The lack of direction regarding the use of the prior complaint and the impermissible conclusion regarding the appellant's character were considered to have vitiated the trial. Consequently, the appeal against the conviction was allowed, and a new trial was ordered.
Orders
Orders of the court
Appeal against conviction allowed and new trial ordered
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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