SUPREME COURT OF QUEENSLAND
CITATION:
R v Dendle [2019] QCA 194
PARTIES:
R
v
DENDLE, Robert Jon
(appellant/applicant)FILE NO/S:
CA No 125 of 2018
DC No 1333 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction and Sentence: 4 May 2018 (Rafter SC DCJ)
DELIVERED ON:
24 September 2019
DELIVERED AT:
Brisbane
HEARING DATE:
3 June 2019
JUDGES:
Fraser and Philippides JJA and Lyons SJA
ORDERS:
1. Appeal dismissed.
2. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES – where the appellant was convicted of two counts of rape and three counts of indecent treatment – where the complainant was a 13-year-old boy – where the complainant gave a s 93A record of interview – where the complainant died before the trial – where the appellant made an application pursuant to s 590AA Criminal Code to exclude the complainant’s s 93A statement – where the appellant argued the record of interview was unreliable – where the judge was satisfied that the statement was made in circumstances making it highly probable that the representations were reliable – where it was a matter for the jury to assess the reliability – whether there was an error in the judge’s exercise of discretion to not exclude the evidence of the s 93A statement being admitted pursuant to s 93B of the Evidence Act
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES – where the Crown made an application pursuant to s 590AA Criminal Code to admit the s 93A statement with respect to the charges in counts 1, 3, 4 and 5 under s 21AF of the Evidence Act and s 110A of the Justices Act – where the statement was contained in a DVD
–where in addition the appellant applied pursuant to s 590AA Criminal Code to exclude the s 93A statement on the grounds of unfairness – where the appellant argues that the conditions which allowed for the tendering of the s 93A statement were not met and it should not have been admitted – where the appellant argues the s 93A statement was not tendered nor endorsed at the committal proceedings – where the Crown relies on a certificate signed by the Magistrate at the committal that the statement was tendered in the presence of the appellant – whether there was an error in the judge’s exercise of discretion to not exclude the evidence of the s 93A statement DVD being admitted pursuant to s 110A and s 111 of the Justices Act and s 21AF Evidence ActCRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE – where the appellant was convicted of two counts…
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- AGLC
- R v Dendle [2019] QCA 194
- Case
- [2019] QCA 194
- Decision Date
CaseChat Overview and Summary
The central legal issues in this appeal were whether the judge erred in admitting the s 93A statement and the DVD copy of the interview, and whether the appellant's conviction resulted in a miscarriage of justice. The court had to assess the reliability of the s 93A statement, the procedural fairness in admitting the DVD copy, and the overall fairness of the trial process. Additionally, the court examined whether the sentence imposed was manifestly excessive considering the nature and circumstances of the offences.
The court found that the judge was correct in admitting the s 93A statement, as the circumstances rendered it highly probable that the representations were reliable. The court also ruled that the DVD copy was admissible, despite the procedural irregularity, as the appellant was not prejudiced by the timing of the application to exclude it. The court dismissed the appeal against conviction, concluding that there was no miscarriage of justice as the evidence was sufficient to support the verdict. Regarding the sentence, the court found that the sentence was not manifestly excessive, taking into account the serious nature of the offences and the appellant's prior criminal history.
The court dismissed the appeal and refused the application for leave to appeal against the sentence. This decision affirms the conviction and sentence imposed on the appellant, reflecting the court's view that the trial was conducted fairly and the sentence was appropriate.
Orders
Orders of the court
1. Appeal dismissed.
2. Application for leave to appeal against sentence refused.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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