SUPREME COURT OF QUEENSLAND
CITATION:
R v GO; ex parte A-G (Qld) [2004] QCA 453
PARTIES:
R
v
GO
(appellant)R
v
GO
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 201 of 2004
CA No 244 of 2004
DC No 1243 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
Appeal against Sentence by A-G (Qld)ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
26 November 2004
DELIVERED AT:
Brisbane
HEARING DATE:
1 October 2004
JUDGES:
Williams and Jerrard JJA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. In CA No 201 of 2004: Appeal dismissed
2. In CA No 244 of 2004: Appeal dismissedCATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST CONVICTION – PARTICULAR GROUNDS – UNREASONABLE AND INSUPPORTABLE VERDICT – whether aspects of complainant’s evidence inconsistent – whether jury could be convinced of appellant’s guilt beyond a reasonable doubt – where inconsistency did not impact on credibility – where jury’s verdict was not unsafe and unsatisfactory – where conviction upheld
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where the Attorney-General appeals against a sentence of six months imprisonment to be served by way of an Intensive Correction Order imposed on the respondent, upon his conviction of two counts of indecent dealing of a child under 16 years – whether the sentence is manifestly inadequate – whether the offence should prima facie result in a custodial sentence
Evidence Act 1977 (Qld), s 93A
Jones v The Queen (1997) 191 CLR 439, cited
M v The Queen (1994) 181 CLR 487, cited
R v G; ex parte Attorney-General [2001] QCA 158; CA Nos 331 and 332 of 2000, 27 April 2001, cited
R v B [2003] QCA 105; CA No 336 of 2002, 14 March 2003, considered
R v M; ex parte Attorney-General [2000] 2 Qd R 543, considered
R v O [2001] QCA 40; CA No 310 of 2000, 15 February 2001, considered
R v Pham [1996] QCA 3; CA No 435 of 1995, 6 February 1996, citedCOUNSEL:
C Callaghan (sol) for the appellant in CA No 201 of 2004 and the respondent in CA No 244 of 2004
M J Copley for the respondent in CA No 201 of 2004 and the appellant in CA No 244 of 2004SOLICITORS:
Callaghan Lawyers for the appellant in CA No 201 of 2004 and the respondent in CA No 244 of 2004
Director of Public Prosecutions (Queensland) for the respondent in CA No 201 of 2004 and the appellant in CA No 244 of 2004
WILLIAMS JA: For the reasons prepared by Jones J, with which I agree, both the appeal against conviction and the Attorney-General’s appeal against…
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- Case
- [2004] QCA 453
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the inconsistencies in the complainant's evidence were so significant as to render the jury's verdict unreasonable and insupportable, and whether the sentence imposed was manifestly inadequate. The court was required to assess the credibility of the complainant's evidence, the weight of the evidence presented, and the appropriate sentence for the offence.
The court held that the inconsistencies in the complainant's evidence did not impact on her credibility, and the jury's verdict was not unsafe and unsatisfactory. The court found that the jury could have been convinced of the appellant's guilt beyond a reasonable doubt. The court also held that the sentence was not manifestly inadequate and that the appeal against the sentence should be dismissed.
In conclusion, the court dismissed both the appeal against conviction and the appeal against sentence. The conviction was upheld, and the sentence of six months imprisonment to be served by way of an Intensive Correction Order was affirmed.
Orders
Orders of the court
1. In CA No 201 of 2004: Appeal dismissed
2. In CA No 244 of 2004: Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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