R v GBS

Case [2025] QCA 125

SUPREME COURT OF QUEENSLAND

CITATION:

R v GBS [2025] QCA 125

PARTIES:

R

v

GBS

(appellant)

FILE NO/S:

CA No 259 of 2024

DC No 329 of 2024

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

District Court at Townsville – Date of Conviction: 6 November 2024 (Richards DCJ)

DELIVERED ON:

8 July 2025

DELIVERED AT:

Brisbane

HEARING DATE:

9 April 2025

JUDGES:

Flanagan and Bradley JJA and Burns J

ORDERS:

1.    Appeal against conviction is allowed.

2.    Convictions on counts 1, 2 and 3 are set aside.

3.    A new trial ordered on counts 1, 2 and 3.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – OTHER IRREGULARITIES – where the appellant faced an indictment charging five counts – where the appellant was found guilty by the jury of three counts of rape – where the appellant was found not guilty by the jury of one count of rape and one count of sexual assault – where the prosecutor failed to disclose a file note of a pre-trial conference with the complainant until after the commencement of her cross-examination – where the file note revealed, for the first time, evidence of an alleged uncharged act as well as several inconsistencies with the complainant’s evidence-in-chief – where the appellant applied for the discharge of the jury on the basis that she had embarked upon her cross-examination of the complainant unaware of the contents of the file note and the defence had thereby been irremediably prejudiced – where the trial judge refused to discharge the jury – whether a miscarriage of justice was occasioned by the late disclosure of the file note and/or the trial judge’s refusal to discharge the jury – whether the verdicts of conviction were otherwise unreasonable because they were inconsistent with the concurrent verdicts of acquittal and/or could not be supported having regard to the evidence as a whole – whether a new trial should be ordered

Brawn v The King (2025) 99 ALJR 872; [2025] HCA 20, applied

House v The King (1936) 55 CLR 499; [1936] HCA 40, cited

MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35, cited

M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited

R v Basha (1989) 39 A Crim R 337, cited

R v Bosscher [2024] QCA 253, cited

R v CX [2006] QCA 409, cited

R v CCX [2022] QCA 260, cited

R v Fanning [2017] QCA 244, followed

R v Fennell [2017] QCA 154, cited

R v HAU [2009] QCA 165, cited

R v ZT (2025) 99 ALJR 676; [2025] HCA 9, cited

Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81, applied

Wilde v The Queen (1988) 164 CLR 365; [1988] HCA 6, cited
COUNSEL:

J R Hunter KC, with D J Boddice, for the appellant

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R v GBS [2025] QCA 125
Case
[2025] QCA 125
Decision Date

CaseChat Overview and Summary

The appellant, GBS, appealed against his convictions on three counts of rape and sought a new trial on the basis of a miscarriage of justice. The appellant was acquitted on one count of rape and one count of sexual assault. The primary issue before the court was whether the late disclosure of a file note by the prosecution, which revealed an uncharged act and inconsistencies in the complainant's evidence, combined with the trial judge's refusal to discharge the jury, amounted to a miscarriage of justice warranting a new trial. The court also had to consider whether the verdicts of conviction were unreasonable or could not be supported by the evidence as a whole.

The court held that the late disclosure of the file note, which contained significant information that was not previously known to the defence, constituted a serious irregularity. This irregularity had the potential to prejudice the defence's ability to effectively cross-examine the complainant and challenge her evidence. The court found that the trial judge's refusal to discharge the jury compounded this issue, as it denied the defence an opportunity to remedy the prejudice caused by the late disclosure. Consequently, the court concluded that these circumstances amounted to a miscarriage of justice. Furthermore, the court found that the verdicts of conviction were unreasonable and could not be supported by the evidence, given the inconsistencies and the lack of corroboration.

In light of the findings, the appeal against conviction was allowed, and the convictions on counts 1, 2, and 3 were set aside. The court ordered a new trial on those counts, emphasising the importance of ensuring that all relevant information is disclosed in a timely manner to avoid such miscarriages of justice in the future. The orders of the court effectively nullified the previous convictions and mandated a fresh trial to address the identified irregularities and ensure a fair process for both parties.

Orders

Orders of the court

1. Appeal against conviction is allowed.

2. Convictions on counts 1, 2 and 3 are set aside.

3. A new trial ordered on counts 1, 2 and 3.

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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