SUPREME COURT OF QUEENSLAND
CITATION: R v H [2001] QCA 563 PARTIES: R
v
H
(Appellant)FILE NO/S: CA No 133 of 2001
DC No 51 of 2001DIVISION: Court of Appeal PROCEEDNG: Appeal against conviction and sentence ORIGINATING COURT: District Court at Mackay DELIVERED ON: 14 December 2001 DELIVERED AT: Brisbane HEARING DATE: 1 October 2001 JUDGES: McPherson JA, Jones and Mullins JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER: (1) Appeal allowed
(2) Conviction and verdict of 18 May 2001 be set aside and in lieu thereof, verdict and judgment of acquittal entered
CATCHWORDS: CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST DECENCY AND MORALITY – where appellant convicted of unlawfully and indecently dealing with a child under the age of 16 years – where complainant boy aged five years at time of alleged offence – where appellant male aged 19 years at time of alleged offence – where appellant known to plaintiff – where appellant friend of complainant’s cousins – where alleged offence occurred at residence of complainant’s aunt and uncle – where complainant allegedly made fresh complaint to his mother approximately 8 days following alleged offence
CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – where complainant’s evidence in chief videotaped interview pursuant to s 93A of Evidence Act 1977 (Qld) – where interview conducted 13 days after alleged offence – whether such time frame prior to interview
impacted upon complainant’s ability to freely recall events, particularly in light of complainant’s age – where lack of spontaneity in complainant’s answers to interviewer’s questions throughout interview – where interviewer in questioning complainant continually asserted alleged offence – where internal inconsistencies in record of interview
CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – where complainant cross-examined by defence counsel at trial – where no evidence that corroborated complainant’s account of events – where complainant denied occurrence of alleged offence and other events - where internal inconsistencies in evidence
CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – general consideration of issues surrounding evidence of child as young as complainant
CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – where complainant’s mother and aunt gave evidence as to complainant’s alleged change in behaviour following alleged incident – where no expert evidence linking alleged change in behaviour to alleged offence – whether inference could reasonably be drawn of causal connection between complaint and complainant’s condition – whether changes of behaviour of child constitute corroborative circumstance
CRIMINAL LAW – JURISDCTION, PRACTICE AND PROCEDURE – JURIES – SUMMING-UP – whether learned trial judge erred in referring to complainant’s alleged behavioural changes and related evidence of complainant’s mother in summing-up to jury
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PROSECUTION – COURSES OF EVIDENCE, STATEMENTS AND ADDRESSES – whether improper for learned Crown Prosecutor to advert to complainant’s alleged behavioural…
Continue reading R v H
Sign in free to access the full text
- AGLC
- R v H [2001] QCA 563
- Case
- [2001] QCA 563
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the delay in the complainant’s interview and the manner in which it was conducted impacted the reliability of the evidence. The court had to weigh the lack of corroborative evidence and the inconsistencies in the complainant’s statements. It also considered the general issues surrounding the evidence of a young child, including the reliability of behavioural evidence provided by the complainant’s mother and aunt, and whether these changes could be reasonably linked to the alleged offence. Furthermore, the court reviewed whether the trial judge and the Crown Prosecutor made any errors in their handling of the complainant’s behavioural evidence and whether these errors affected the safety and satisfaction of the verdict.
The court found that the appeal should be allowed, primarily due to the significant issues with the reliability of the complainant’s evidence and the lack of corroboration. The court determined that the trial judge erred in referring to the complainant’s alleged behavioural changes and the related evidence of the complainant’s mother in the summing-up to the jury. Additionally, it was improper for the Crown Prosecutor to use the complainant’s alleged behavioural changes as confirmatory of the offence having occurred. These errors, combined with the overall unreliability of the complainant’s evidence, led the court to conclude that the verdict was unsafe and unsatisfactory. Consequently, the appeal was allowed, and the conviction and verdict were set aside, with a verdict and judgment of acquittal entered in their place.
Orders
Orders of the court
(1) Appeal allowed
(2) Conviction and verdict of 18 May 2001 be set aside and in lieu thereof, verdict and judgment of acquittal entered
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.