SUPREME COURT OF QUEENSLAND
CITATION:
R v Draguceanu [2018] QCA 242
PARTIES:
R
v
DRAGUCEANU, Catalin Sebastian
(appellant)FILE NO/S:
CA No 69 of 2018
DC No 2473 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 27 March 2018; Date of Sentence: 28 March 2018 (Rafter SC DCJ)
DELIVERED ON:
28 September 2018
DELIVERED AT:
Brisbane
HEARING DATE:
20 June 2018
JUDGES:
Sofronoff P and Boddice and Crow JJ
ORDER:
The appeal against conviction is dismissed.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – INDECENT ASSAULT AND RELATED OFFENCES – GENERALLY – where the female complainant was a 10 year-old child at the time of the offending – where the female complainant had engaged in swimming games with the appellant and the appellant’s two children – where the female complainant alleged the appellant touched her inappropriately, and indecently exposed her to his penis during those games – where the female complainant gave preliminary complaint evidence to family members, friends, and the Kids Help Line – where the female complainant also gave evidence to police, and at trial via s 93A Evidence Act 1977 (Qld) – where the female complainant was consistent in her statements
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR UNSUPPORTABLE VERDICT – where the appellant was charged with five counts of indecent treatment of a child under 16, under 12, under care – where counts 1, 2 and 3 related to a female complainant, and the remaining counts to her cousin – where the appellant pleaded not guilty to all counts – where the appellant was convicted by a jury of counts 1 and 2, but not guilty of each of the remaining counts – whether the conviction on count 1 arose as a result of a miscarriage of justice – whether the verdict of guilty on count 1 is unreasonable and cannot be supported having regard to the whole of the evidence – where the particularisation of count 1, as the third occasion of touching, occurred during the trial – whether the appellant was denied an opportunity to fairly test the case against him
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – INCONSISTENT VERDICTS – where the appellant was convicted on counts 1 and 2, but acquitted of count 3 – where count 1 referred to the inappropriate touching of the female complainant, and counts 2 and 3 referred to indecent exposure of the female complainant to the appellant’s penis – whether the verdict of guilty on count 2, but not guilty on count 3 were inconsistent – where time elapsed between the conduct the subject of counts 2 and 3 – whether it was open to the jury to distinguish between those counts
MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35, cited
R v Bond[2018] QCA 130, applied
R…
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- AGLC
- R v Draguceanu [2018] QCA 242
- Case
- [2018] QCA 242
- Decision Date
CaseChat Overview and Summary
The court examined whether the conviction on count 1 was a miscarriage of justice and if the appellant was denied a fair opportunity to challenge the case against him due to the particularisation of the offence during the trial. The court also assessed whether the verdicts on counts 2 and 3 were inconsistent, considering the temporal gap between the alleged incidents. The court found that the jury's decision, while seemingly inconsistent, was not unreasonable given the evidence and the jury's capacity to differentiate between the incidents.
The court dismissed the appeal against conviction, upholding the jury's verdicts. The reasoning was that the evidence presented was consistent, and despite the apparent inconsistencies in the verdicts, it was open to the jury to distinguish between the events underlying counts 2 and 3. The court concluded that the appellant was not denied a fair opportunity to challenge the case against him, and the conviction on count 1 was supported by the evidence.
No further orders were made by the court.
Orders
Orders of the court
The appeal against conviction is dismissed.
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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