R v C

[2002] QCA 82

SUPREME COURT OF QUEENSLAND

CITATION:

R v C  [2002] QCA 82

PARTIES:

R
v
C
(appellant/applicant)

FILE NO/S:

CA No 291 of 2001
DC No 131 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Bundaberg

DELIVERED ON:

19 March 2002

DELIVERED AT:

Brisbane

HEARING DATE:

11 March 2002

JUDGES:

Davies and Thomas JJA, Muir J

Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.   Appeal against conviction dismissed.

2.   Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – RAPE AND SEXUAL ASSAULT – appellant convicted of rape – where offences occurred on appellant’s property – where complainant placed on appellant’s property as part of a care program

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – MISCARRIAGE OF JUSTICE – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where evidence against appellant included his admissions of other sexual misconduct in relation to another person – whether trial judge erred in failing to exclude such evidence – where appellant’s statement part of the res gestae – where statement clearly admissible

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – MISCARRIAGE OF JUSTICE – GENERALLY – whether appellant prejudiced by newspaper report published during the trial - where clear directions given to jury – where appellant had a fair trial

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – whether trial judge took sufficient account of appellant’s medical condition

Corrective Services Act 2000 (Qld), ss 133-135

Black v The Queen (1993) 179 CLR 44, referred to
KRM v The Queen (2001) 75 ALJR 550, referred to
R v Hasler ex parte Attorney General [1987] 1 Qd R 239, referred to
R v Morrison [2001] QCA 184; CA No 150 of 2000, 17 May 2001, considered
R v Pettigrew [2001] QCA 468; CA No 145 of 2001, 30 October 2001, considered
R v Self [2001] QCA 338; CA No 77 of 2001, 24 August 2001, referred to
R v Stirling CA No 205 of 1996, 17 September 1996, applied
R v York [2001] QCA 408; CA No 124 of 2001, 28 September 2001, considered

COUNSEL:

M J Byrne QC for the appellant/applicant
SG Bain for the respondent

SOLICITORS:

Ryan & Bosscher for the appellant/applicant

Director of Public Prosecutions (Queensland) for the respondent

1. DAVIES JA: I agree with the reasons for judgment of Thomas JA and with the orders he proposes.

1. THOMAS JA: This is an appeal against a conviction of rape.

1. The grounds relied on are that evidence was wrongly received; that unfair prejudicial remarks were made by the learned Crown Prosecutor in his closing address; and that a report in the local newspaper on the second day of the trial prejudiced the fairness of the trial.  As I…