R v Bau

Case

[2005] QCA 106

15 April 2005


Details
AGLC Case Decision Date
R v Bau [2005] QCA 106 [2005] QCA 106 15 April 2005

CaseChat Overview and Summary

In the matter of R v Bau, the appellant was found guilty of one count of unlawful and indecent dealing with his nephew, but not guilty of another count by a jury in the County Court of Victoria. The appellant sought to appeal the conviction on the grounds that the jury's verdict was unreasonable and unsafe. The primary legal issue before the Court of Appeal was whether the jury's verdict on the guilty count was so unreasonable that it ought not to stand, given the evidence presented.

The Court of Appeal considered the evidence, including the testimony of the complainant, the appellant, and the appellant's cousin. The court noted that the complainant's evidence regarding the count for which the appellant was found guilty was not supported by the cousin's testimony, but there was no comparable evidence casting doubt on the second count for which the appellant was acquitted. The court also noted the possibility of a false complaint motivated by revenge. The appellant argued that the evidence was insufficient to convict him on the first count. However, the court held that the jury was entitled to believe the complainant's evidence and find the appellant guilty. The appeal was dismissed as the verdict was not unreasonable or unsatisfactory.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Unreasonable or Insupportable Verdict

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Most Recent Citation
R v Welsh [2007] QDC 74

Cases Citing This Decision

4

R v. Welsh [2007] QDC 74
R v Lieske [2006] ACTSC 97
R v. Welsh [2007] QDC 74
Cases Cited

6

Statutory Material Cited

2

M v the Queen [1994] HCA 63
R v M [2002] QCA 486