SUPREME COURT OF QUEENSLAND
CITATION:
R v Foster [2014] QCA 226
PARTIES:
R
v
FOSTER, Dane
(appellant)FILE NO/S:
CA No 308 of 2013
DC No 1911 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
9 September 2014
DELIVERED AT:
Brisbane
HEARING DATE:
23 June 2014
JUDGES:
Margaret McMurdo P and Gotterson and Morrison JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where the appellant and complainant were in a relationship – where the appellant had become controlling and moody – where the appellant attacked the complainant at her home – where the appellant threw bleach and other chemicals onto the complainant, including around her vagina and in her ears – where the appellant penetrated the complainant’s vagina with a hair brush, spray can and aluminium water bottle – where the complainant’s work colleagues visited the complainant – where a colleague asked the complainant whether she had been raped by the appellant – where the complainant did not verbally respond but “looked very sad” – where the colleague “assumed that [the appellant] had raped” the complainant – where the trial judge directed the jury that the primary evidence of the colleague amounted to a preliminary complaint – where defence counsel sought a direction that the colleague’s evidence did not amount to a complaint of rape – where the trial judge declined the request – whether the colleague’s evidence was a complaint for the purposes of admission under s 4A Criminal Law (Sexual Offences) Act 1978 (Qld) – whether the colleague’s evidence was sufficient as a complaint of any specific offence of rape
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUND OF APPEAL – MISDIRECTION AND NON-DIRECTION – where the trial judge directed the jury to decide whether the instructions that the complainant had given to the prosecution and which formed Counts 9 and 10 were truthful or not – whether this was a misdirection – whether any substantial miscarriage of justice has occurred
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – where there were inconsistencies in the accounts given by the complainant – whether the inconsistencies undermined the reliability of the complainant’s testimony – whether the testimony was unreliable to a point that the jury could not reasonably have acted upon it to convict
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – where the appellant was acquitted on Count 8 – whether those different verdicts are an affront to logic and inconsistent
Criminal Code 1899 (Qld), s 668E(1A)
Criminal Law (Sexual Offences) Act 1978 (Qld), s 4AMacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35, cited
R v AW
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- R v Foster [2014] QCA 226
- Case
- [2014] QCA 226
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