SUPREME COURT OF QUEENSLAND
CITATION:
R v Chalmers [2011] QCA 134
PARTIES:
R
v
CHALMERS, Jayson Peter
(appellant)FILE NO/S:
CA No 29 of 2011
DC No 348 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Cairns
DELIVERED ON:
21 June 2011
DELIVERED AT:
Brisbane
HEARING DATE:
26 May 2011
JUDGES:
Margaret McMurdo P, Chesterman JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The appeal is allowed;
2. The convictions are quashed and verdicts of acquittal are entered instead.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL ALLOWED – where the appellant was convicted of two counts of unlawfully and indecently dealing with a child under the age of 12 years – where the appellant argued the verdicts were unsafe and unsatisfactory on the basis that the child’s accounts given to police officers following the incident and a year later at trial were not reconcilable – whether the jury could have been satisfied beyond reasonable doubt of the appellant’s guilt
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR UNSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL ALLOWED – where the appellant was convicted of two counts of unlawfully and indecently dealing with a child under the age of 12 years – where the appellant argued the trial judge failed to comply with the requirements of s 9B of the Evidence Act 1977 – where the appellant argued the trial judge misdirected the jury with respect to the definition of “grievous bodily harm” – whether the complainant was competent to give evidence – whether the evidence was required to be given on oath or unsworn – whether the complainant's evidence was admissible
Criminal Code 1899 (Qld), s 668E(1)
Evidence Act 1977 (Qld), s 9, s 9A, s 9B, Pt 2 Div 4, s 93ADavies and Cody v The King (1937) 57 CLR 170; [1937] HCA 27, applied
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, applied
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53, applied
R v BBR [2010] 1 Qd R 546; [2009] QCA 178, applied
R v Broadwater [1996] QCA 450, considered
R v FQ [2008] QCA 68, considered
R v Hopwood[2001] QCA 565, consideredCOUNSEL:
J Treviño for the appellant
M Cowan for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with Chesterman JA that this appeal against conviction must be allowed.
A review of the whole of the evidence, which is relevantly set out in Chesterman JA's reasons, demonstrates that it was open to the jury to be satisfied beyond reasonable doubt that some improper sexual contact occurred between the appellant and the five year old complainant on 14 November…
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- R v Chalmers [2011] QCA 134
- Case
- [2011] QCA 134
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered the inconsistencies in the child’s accounts and whether they were sufficient to render the verdicts unreasonable. The court also examined whether the trial judge had properly applied section 9B of the Evidence Act, which relates to the admissibility of evidence from a child complainant in certain circumstances. The court further assessed whether the child was competent to give evidence, and whether her evidence should have been given on oath or unsworn. The court concluded that the inconsistencies in the child’s testimony were significant enough to create a reasonable doubt about the appellant’s guilt. The court also found that the trial judge had not adequately followed the statutory requirements and had misdirected the jury on the definition of “grievous bodily harm,” which impacted the fairness of the trial.
As a result of these findings, the Court of Appeal allowed the appeal, quashed the convictions, and entered verdicts of acquittal in place of the original convictions. The court held that the inconsistencies in the child’s evidence and the errors in the trial judge’s directions were substantial enough to undermine the jury’s verdict. The Court of Appeal ordered that the appeal be allowed, the convictions be quashed, and verdicts of acquittal be entered in their place. This decision underscores the importance of ensuring that the trial process is conducted fairly and that the evidence presented is reliable and properly handled.
Orders
Orders of the court
1. The appeal is allowed;
2. The convictions are quashed and verdicts of acquittal are entered instead.
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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