R v CX

CX was convicted of multiple sexual offences against a child under 16 years of age and appealed against both the conviction and the sentence. The appeal was heard by the Queensland Court of Appeal. The appellant raised several grounds for appeal, including the admissibility of fresh evidence, alleged bias on the part of the trial judge, irregularities in the conduct of the jury, the safety of the verdict, and the severity of the sentence.

The court first considered whether the fresh evidence, which included allegations of a criminal conspiracy against the appellant, could be admitted. The evidence was found to be largely speculative, hearsay, and irrelevant, and therefore inadmissible. The court also examined the claim of bias on the part of the trial judge, but concluded that the record did not support the appellant's contention that the trial judge had been unable to bring an impartial mind to the trial. The court further assessed the allegations of jury misconduct and determined that the trial judge had acted appropriately in the circumstances. Finally, the court found that the verdict was safe and not unreasonable, and that the sentence imposed was not manifestly excessive.

In light of the above, the court dismissed the appeal against conviction and the application for leave to appeal against sentence. The appellant's conviction and sentence were upheld.