SUPREME COURT OF QUEENSLAND
CITATION:
R v BDN [2021] QCA 130
PARTIES:
R
v
BDN
(appellant/applicant)FILE NO:
CA No 102 of 2019
CA No 175 of 2019
DC No 458 of 2018
DC No 460 of 2018
DC No 461 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Cairns – Date of Conviction: 22 March 2019; Date of Sentence: 30 May 2019 (Morzone QC DCJ)
DELIVERED ON:
11 June 2021
DELIVERED AT:
Brisbane
HEARING DATE:
11 February 2021
JUDGES:
Morrison and Mullins JJA and Lyons SJA
ORDERS:
1. Appeal dismissed.
2. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – where the appellant was convicted after trial before a jury of maintaining a sexual relationship with his stepdaughter – where the appellant was only convicted of two sexual offences relevant pursuant to s 229B(10) of the Criminal Code (Qld) for the purpose of proving the maintaining offence – where the complainant gave evidence of many uncharged acts that occurred during the period particularised for the maintaining offence – where the appellant asserted that the jury were not instructed on the standard of proof for the uncharged acts and were not adequately instructed on what constituted an unlawful sexual act – where the trial judge’s oral directions and question trail expressly stated that the jury could convict the appellant on the basis of the evidence of the other alleged acts only if they were satisfied beyond reasonable doubt that the appellant did those acts during the period alleged – where the trial judge’s directions to the jury that continuity of sexual conduct is an element of the maintaining offence were done in conjunction with the directions on the complainant’s evidence in support of the two sexual offences and the uncharged acts for the purpose of whether the jury were satisfied beyond reasonable doubt that the appellant had an unlawful relationship with the stepdaughter that involved more than one unlawful sexual act over the period particularised for the maintaining offence – whether the verdict for the maintaining offence arose as a result of a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was convicted on one indictment after trial before a jury of one count of maintaining a sexual relationship with a child, two counts of indecent treatment of a child under 16, under 12, under care (domestic violence offence), one count of rape (domestic violence offence), and after early pleas of guilty of 24 counts of recording in breach of privacy (domestic violence offence) – where the complainant on that indictment was the appellant’s stepdaughter – where the appellant was also convicted after trial before a jury of two counts of indecent treatment of a child under 16, under care where the complainant was the stepdaughter’s friend and after…
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- AGLC
- R v BDN [2021] QCA 130
- Case
- [2021] QCA 130
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the trial judge's directions to the jury were inadequate, potentially leading to a miscarriage of justice, and whether the cumulative effect of the sentences imposed on the appellant was manifestly excessive. The court examined the trial judge's directions to determine if they were sufficient to guide the jury in assessing the evidence and applying the correct legal standards. Additionally, the court assessed the overall sentence to determine if it was appropriate given the nature and circumstances of the offences.
The court concluded that the trial judge’s directions to the jury were adequate and correctly aligned with legal standards, thereby ensuring that the jury understood the necessity of proof beyond reasonable doubt for all elements of the offence. The court found no miscarriage of justice in the conviction. Regarding the sentence, the court determined that the cumulative effect of the sentences did not render the overall punishment manifestly excessive, considering the gravity of the offences and the need for deterrence and denunciation.
The appeal was dismissed, and the application for leave to appeal against sentence was refused.
Orders
Orders of the court
1. Appeal dismissed.
2. Application for leave to appeal against sentence refused.
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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