SUPREME COURT OF QUEENSLAND
CITATION:
R v Gould [2014] QCA 164
PARTIES:
R
v
GOULD, Martin Karl
(appellant)FILE NO/S:
CA No 271 of 2013
DC No 260 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Toowoomba
DELIVERED ON:
22 July 2014
DELIVERED AT:
Brisbane
HEARING DATE:
15 July 2014
JUDGES:
Muir and Fraser JJA and Peter Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The appeal be allowed.
2. The appellant’s convictions be quashed.
3. Verdicts of acquittal be entered.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL ALLOWED – where the appellant was convicted after a trial of: unlawfully confining the complainant against her will; assaulting the complainant with intent to rape; and raping the complainant – where the complainant was driving home from a hotel at night when she pulled over to investigate a suspected flat tyre – where the driver of a van approached the complainant and asked if she needed help – where the driver seized the complainant and raped her in the van then pushed her out of the van and drove away – where the complainant saw her assailant for a short amount of time in low light – where the complainant assisted police to prepare a “com-fit” image of the attacker – where nine months after the incident the complainant selected a photo of the appellant from a photo board, stating “number 6 looks like him” – where the prosecution case was inherently weak – where only one other person in the photo board resembled the complainant’s description of the attacker – whether the identification made by the complainant, together with the other evidence in the case, could satisfy the jury beyond reasonable doubt that the person the complainant saw immediately prior to being attacked was in fact the appellant
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – MISDIRECTION – where the appellant argued that if the complainant’s statement that “number 6 looks like him” in relation to the photo board did not constitute a positive identification of the appellant, it was circumstantial rather than direct evidence – whether, if the evidence was circumstantial, the primary judge erred in not giving the usual direction to the jury as to the use of circumstantial evidence – whether the verdict could be sustained by reference to purely circumstantial evidence
Alexander v The Queen (1981) 145 CLR 395; [1981] HCA 17, considered
Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13, followed
Festa v The Queen (2001) 208 CLR 593; [2001] HCA 72, followed
Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15, cited
Kelleher v The Queen (1974) 131 CLR 534; [1974] HCA 48, applied
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- AGLC
- R v Gould [2014] QCA 164
- Case
- [2014] QCA 164
- Decision Date
CaseChat Overview and Summary
The court found that the identification made by the complainant was not a positive identification but rather circumstantial evidence. The court held that the primary judge erred by not providing the usual direction to the jury on the use of circumstantial evidence. Given that the evidence was largely circumstantial, the court concluded that the verdict could not be sustained. The appeal was allowed, the appellant’s convictions were quashed, and verdicts of acquittal were entered.
Orders
Orders of the court
1. The appeal be allowed.
2. The appellant’s convictions be quashed.
3. Verdicts of acquittal be entered.
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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