R v FP

[2007] QCA 71

SUPREME COURT OF QUEENSLAND

CITATION:	R v FP [2007] QCA 71
PARTIES:	R v FP (appellant)
FILE NO/S:	CA No 336 of 2006 DC No 112 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against Conviction
ORIGINATING  COURT:	District Court at Mount Isa
DELIVERED EX
TEMPORE ON:	14 March 2007
DELIVERED AT:	Brisbane
HEARING DATE:	14 March 2007
JUDGES:	Jerrard JA and Muir and Douglas JJ Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. Appeal allowed 2. Conviction set aside 2. Re-trial ordered 3. The appellant be granted bail on his own undertaking conditioned that he appear and surrender himself into custody on any re-trial of this charge on a date and place to be notified to him by the Director of Public Prosecutions.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – OBJECTIONS AND POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON-DIRECTION – PARTICULAR CASES – where the applicant was convicted for unlawfully and indecently dealing with a child under the age of 12 – where the sentencing judge failed to direct on preliminary complaint and on hearsay – whether these misdirections resulted in a miscarriage of justice
Criminal Law (Sexual Offences) Act 1978 (Qld), s 4A Evidence Act 1977 (Qld), s 93A, Pt 4A
Dhanhoa v The Queen (2003) 217 CLR 1, applied Jones v The Queen (1997) 143 ALR 52, applied R v Cox [1986] 2 Qd R 55, applied RPS v The Queen (2000) 199 CLR 620, applied TKWJ v The Queen (2002) 212 CLR 124, applied Weiss v The Queen (2005) 224 CLR 300, applied
COUNSEL:	T D Martin SC, with J R Hunter, for the appellant M J Copley for the respondent
SOLICITORS:	Anderson Telford Lawyers for the appellant Director of Public Prosecutions (Qld) for the respondent

JERRARD JA: The order will be that the conviction incurred on 1 December, 2006 for unlawfully and indecently dealing with a child under the age of 12 years is set aside and a re-trial is ordered. The Court will publish its reasons at a later date.

...

JERRARD JA: Thank you. Yes well the appellant will be granted bail on his own undertaking conditioned that he appear and surrender himself into custody on any re-trial of this charge on a date and place to be notified to him by the Director of Public Prosecutions.

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2   ORDER