R v KR

SUPREME COURT OF QUEENSLAND

CITATION:

R v KR [2007] QCA 287

PARTIES:

R
v
KR
(appellant)

FILE NO/S:

CA No 115 of 2007
DC No 104 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

District Court at Maroochydore

DELIVERED ON:

7 September 2007

DELIVERED AT:

Brisbane

HEARING DATE:

24 August 2007

JUDGES:

McMurdo P, Holmes JA and Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal against conviction dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where appellant convicted on one count of indecent treatment of a boy under 14 years – where appellant contended that his conviction was unreasonable and could not be supported by the evidence – whether under s 668E Criminal Code 1899 (Qld) the guilty verdict was unsafe or unsatisfactory or could not be supported having regard to the evidence

Criminal Code 1899 (Qld), s 668E

M v The Queen (1994) 181 CLR 487, considered

COUNSEL:

S R Lewis for the appellant
M J Copley for the respondent

SOLICITORS:

Ryan & Bosscher Lawyers for the appellant
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P: The 71 year old appellant was convicted after a four day trial in the District Court at Maroochydore on 4 May 2007 of one count of indecent treatment of a boy under 17 years whilst the boy was under 14 years. At the commencement of the trial he pleaded not guilty to 10 counts contained in one indictment: maintaining a sexual relationship with a circumstance of aggravation (count 1); five counts of indecent treatment of a boy under 17 while under 14 (counts 2-6); and four counts of indecent treatment of a child under 16 (counts 7-10). He was found guilty on count 2 and not guilty on all remaining counts. All the offences concerned the complainant T and were charged as occurring between April 1986 and January 1992. Count 2, the first count in time, was charged as occurring between 1 April 1986 and 1 January 1987 when the appellant was 50 years old and T was about 10 years old. The appellant appeals against his conviction contending that it is unsafe and unsatisfactory, that is, under s 668E Criminal Code 1899 (Qld) the guilty verdict is unreasonable or cannot be supported having regard to the evidence.

The evidence

1. A consideration of this ground of appeal requires a review of the evidence.  The appellant was a representative for a power tool company and was friendly with T's father.  He sometimes stayed with T's family at the recreation camp run by T's parents when he visited the rural town in which T lived. 

1. The only count on which the appellant was convicted, count 2, was the first incident of the alleged abuse.  T gave evidence, consistent with the particulars…