SUPREME COURT OF QUEENSLAND
CITATION:
R v Horvath [2014] QCA 273
PARTIES:
R
v
HORVATH, Sandor Jozsef
(appellant)FILE NO/S:
CA No 35 of 2014
DC No 1794 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
31 October 2014
DELIVERED AT:
Brisbane
HEARING DATE:
16 July 2014
JUDGES:
Holmes and Morrison JJA and Philip McMurdo J
Separate reasons for judgment of each member of the Court, Holmes JA and Philip McMurdo J concurring as to the orders made, Morrison JA dissentingORDERS:
1. The appeal is allowed.
2. The convictions on counts 2, 3 and 5 are set aside and verdicts of acquittal are entered.
3. The sentences imposed on counts 1 and 4 are set aside.
4. Within 14 days of this judgment:
a) counsel are to provide submissions for the purposes of re-sentencing on counts 1 and 4, identifying any decision said to involve sentencing in comparable matters.
b) the respondent is to provide a pre-sentence custody certificate.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – APPEAL ALLOWED – where the appellant was convicted by a jury of five counts of indecent treatment of a child under 16, in three instances with the aggravating circumstance that she was under 12 years – where the appellant contended that the verdicts were unreasonable because the complainant’s evidence was internally inconsistent and also inconsistent with the preliminary complaint – whether the complainant's evidence was reliable – whether the verdicts were unreasonable
COUNSEL:
M A Green for the appellant
B J Power for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: The appellant was convicted by a jury of five counts of indecent treatment of a child under 16, in three instances with the aggravating circumstance that she was under 12 years. (The offences were particularised as occurring at various times in 2009, before and after the complainant turned twelve on 26 August 2009.) He appealed his conviction on the ground that the verdicts were unreasonable, contending that the complainant’s evidence was internally inconsistent and was also inconsistent with the complaints she had made to others, so that the jury could not properly have been satisfied of her honesty and reliability.
The complainant’s 2009 statements about the offences
The complainant, B, was the daughter of friends of the appellant. He occasionally looked after her when her parents were working, and sometimes when her parents engaged in an altercation (as they seem fairly frequently to have done) came to their Nerang house to intervene. On some occasions when her parents fought, B went to stay with the family of her school friend, J. B’s twelfth birthday was such an instance. That evening, B contacted J’s family and made arrangements for them to pick her up from a service station. The appellant took her to the service station and waited with her…
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- AGLC
- R v Horvath [2014] QCA 273
- Case
- [2014] QCA 273
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the complainant's evidence was reliable and whether the jury's verdicts were unreasonable in light of the evidence. The appellant argued that the complainant's testimony was internally inconsistent and also inconsistent with the preliminary complaint, suggesting that the jury may have reached a conclusion without a sound basis in the evidence. The court needed to assess the weight and credibility of the complainant's evidence, and whether the jury's decision was so unreasonable that it ought not be allowed to stand.
In allowing the appeal, the court found that the complainant's evidence had significant inconsistencies and discrepancies which undermined its reliability. The court determined that these inconsistencies were such that the jury's verdicts could not be supported by the evidence presented. Consequently, the convictions on counts 2, 3, and 5 were set aside, and verdicts of acquittal were entered. Additionally, the sentences imposed on counts 1 and 4 were set aside. The court ordered that within 14 days, counsel were to provide submissions for re-sentencing on counts 1 and 4, and the respondent was to provide a pre-sentence custody certificate.
Orders
Orders of the court
1. The appeal is allowed.
2. The convictions on counts 2, 3 and 5 are set aside and verdicts of acquittal are entered.
3. The sentences imposed on counts 1 and 4 are set aside.
4. Within 14 days of this judgment:
a) counsel are to provide submissions for the purposes of re-sentencing on counts 1 and 4, identifying any decision said to involve sentencing in comparable matters.
b) the respondent is to provide a pre-sentence custody certificate.
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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