R v Hoban

Case [2000] QCA 384


SUPREME COURT OF QUEENSLAND

CITATION: R v Hoban [2000] QCA 384
PARTIES: R
v
HOBAN, Graham Parnell
(appellant)
FILE NO/S: CA No 173 of 2000
DC No 201 of 2000
DIVISION: Court of Appeal
PROCEEDING: Appeal against Conviction & Sent
ORIGINATING COURT:

District Court at Townsville

DELIVERED ON: 22 September 2000
DELIVERED AT: Brisbane
HEARING DATE: 7 September 2000
JUDGE:

McPherson and Thomas JJA, Jones J

Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.   Appeal against conviction dismissed.

2.   Application for leave to appeal against sentence refused.

CATCHWORDS:

CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – IMPEACHMENT OF CREDIT AND ADMISSIBILITY OF EVIDENCE AS TO CREDIT – GENERALLY– evidence of mendacity of complainant – exception to collateral evidence rule – limited nature of exception – “feeble and petty” class of evidence – where complainant admitted she had a reputation for untruthfulness until she was 19 – where appellant sought to call evidence from persons who knew the complainant’s reputation – scope of rule permitting impeachment of witness by persons swearing that they would not believe the witness on her oath

APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON WHEN REFUSED – PARTICULAR OFFENCES – SEXUAL OFFENCES -whether sentence of eight and a half years manifestly excessive

APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE

APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – MISCARRIAGE OF JUSTICE – POWER TO DISMISS WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - GENERAL PRINCIPLES - application of the proviso in case where evidence excluded

APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – OTHER IRREGULARITIES - whether counts of indecent dealing, attempted sodomy and rape sufficiently particularised

Criminal Code (Qld), s 668E(1A)
Criminal Law (Sexual Offences) Act 1978 (Qld), s 4

R v Fogarty CA No 418 of 1996, 6 December 1996, considered
R v Gunewardene [1951] 2 KB 600, considered
R v Laycock and Stokes [1999] QCA 307, CA No 465 & 487 of 1998, 6 August 1999
S v The Queen (1989) 168 CLR 266, considered

Swaffield v The Queen (1998) 192 CLR 159, cited

COUNSEL: S J Hamlyn-Harris for the appellant
D Meredith for the respondent
SOLICITORS:

Legal Aid Queensland for the appellant

Director of Public Prosecutions (Queensland) for the respondent

  1. McPHERSON JA:  I have read and agree with the reasons of Thomas JA in this matter.  The appeal against conviction should be dismissed and the application for leave to appeal against sentence refused.

  1. THOMAS JA:  The appellant was convicted of eight sexual offences committed upon his stepdaughter, “X”.  The details of the convictions, with the dates between…

Continue reading R v Hoban

Sign in free to access the full text

Details
AGLC
R v Hoban [2000] QCA 384
Case
[2000] QCA 384
Decision Date

CaseChat Overview and Summary

The appeal arose from a conviction for sexual offences against the appellant, who sought to challenge both the conviction and the sentence imposed. The High Court was tasked with determining whether the trial judge had erred in excluding evidence of the complainant's past reputation for untruthfulness and whether the sentence was manifestly excessive. Additionally, the court had to consider whether there was a miscarriage of justice due to the exclusion of this evidence and whether the charges were sufficiently particularised.

The court examined the established exception to the rule against collateral attacks on a witness's credit, which allows for evidence of a witness's untruthfulness when it directly impacts their credibility. However, the court found that the evidence sought to be introduced was of a "feeble and petty" nature and did not meet the threshold for admissibility. Furthermore, the court considered the particulars of the charges and found that they were sufficiently specific to meet legal standards. Regarding the sentence, the court determined that while it was lengthy, it was not so excessive as to constitute a miscarriage of justice.

The High Court concluded that the exclusion of the impugned evidence did not result in a substantial miscarriage of justice, and thus the appeal against the conviction was dismissed. The court also refused the application for leave to appeal against the sentence, finding that it was not manifestly excessive. The court's decision affirmed the conviction and sentence imposed by the lower court, with no orders made beyond the dismissal of the appeal and refusal of leave to appeal the sentence.

Orders

Orders of the court

1. Appeal against conviction dismissed.

2. Application for leave to appeal against sentence refused.

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.