SUPREME COURT OF QUEENSLAND
CITATION:
R v IG [2019] QCA 208
PARTIES:
R
v
IG
(appellant)FILE NO/S:
CA No 31 of 2019
DC No 217 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 13 February 2019 (Clare SC DCJ)
DELIVERED ON:
11 October 2019
DELIVERED AT:
Brisbane
HEARING DATE:
19 September 2019
JUDGES:
Fraser and Gotterson and Morrison JJA
ORDER:
The appeal is dismissed.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – MISCELLANEOUS OFFENCES – OTHER MISCELLANEOUS OFFENCES AND MATTERS – REMOVAL OF CHILD FROM STATE FOR FEMALE GENITAL MUTILATION – where the appellant took her two daughters to Somalia in which a procedure to excise the clitoral hood was performed on them – where the two daughters were examined by a paediatrician – where it was confirmed by medical examination that an excision procedure had taken place – where the appellant was convicted of two counts of removal of a child from Queensland for female genital mutilation, with the aggravating circumstance of being a domestic violence offence – where the two daughters initially gave evidence detailing what had happened to them in Somalia but later retracted it stating that nothing had happened to them – where the two daughters were allegedly bribed by a step-sister to give evidence against their mother – where the appellant challenges her conviction on two grounds – whether the verdict was reasonable – whether there has been a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant challenges her conviction on the ground that the verdict was unreasonable and could not be supported having regard to the evidence – where the appellant challenges her conviction on the ground that there has been a miscarriage of justice because the jury was not adequately instructed about the effect of the two daughter’s retracted evidence and the use they could make of the medical evidence – where the two daughters stated that they had a procedure in Somalia but retracted that evidence saying that no procedure had taken place in Somalia – where the reliability of the evidence of the two daughters was called into question – whether the verdict was unreasonable – whether there has been a miscarriage of justice
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35, cited
R v PBA[2018] QCA 213, citedCOUNSEL:
R M O’Gorman with R C Taylor for the appellant (pro bono)
D Balic for the respondentSOLICITORS:
Wallace O’Hagan Lawyers for the appellant (pro bono)
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Morrison JA and the order proposed by his Honour.
GOTTERSON JA: I agree with the order proposed by Morrison JA and with…
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- AGLC
- R v IG [2019] QCA 208
- Case
- [2019] QCA 208
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide were whether the verdict was unreasonable and whether there had been a miscarriage of justice. The court held that the verdict was not unreasonable and that there had not been a miscarriage of justice. The court found that the evidence of the two daughters was unreliable, and that there was other evidence in the form of medical evidence and admissions by the appellant that supported the verdict. The court also found that the jury had been adequately instructed about the effect of the two daughters' retracted evidence and the use they could make of the medical evidence.
The court's reasoning was that the evidence of the two daughters was unreliable, and that there was other evidence that supported the verdict. The court found that the medical evidence showed that an excision procedure had taken place, and that the appellant had admitted to taking the two daughters to Somalia for the purpose of having the procedure performed. The court also found that the jury had been adequately instructed about the effect of the two daughters' retracted evidence and the use they could make of the medical evidence. The court held that the verdict was reasonably open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of the offence of which she was convicted.
The final orders of the court were that the appeal be dismissed. The court found that all grounds of the appeal had failed, and that the conviction should stand. The appellant's challenge to her conviction was unsuccessful.
Orders
Orders of the court
The appeal is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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