SUPREME COURT OF QUEENSLAND
CITATION: R v Lawrence [2001] QCA 441 PARTIES: R
v
LAWRENCE, Mark Richard
(appellant)FILE NO/S: CA No 104 of 2001
DC No 3421 of 2000DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction ORIGINATING COURT: District Court at Brisbane
DELIVERED ON: 19 October 2001 DELIVERED AT: Brisbane HEARING DATE: 10 September 2001 JUDGES: McPherson and Thomas JJA, White J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER: Appeal allowed. Conviction set aside and a new trial ordered of the counts in the indictment. CATCHWORDS: APPEAL AND NEW TRIAL – INTERFERENCE WITH DISCRETION OF COURT BELOW – PARTICULAR CASES – CONTROL OVER PROCEEDINGS – ADMISSION OF EVIDENCE – whether Trial Judge should have allowed the admission of evidence to establish that the complainant had previously threatened to wrongly accuse a fellow inmate of propositioning him for sex
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – RAPE AND SEXUAL ASSAULT – PROOF AND EVIDENCE – whether evidence of earlier threats admissible as evidence of a propensity or disposition on the part of the complainant to make false complaints of a sexual nature
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – GENERALLY
Criminal Code (Qld), s 668E(1), s 668E(1A)
Criminal Law (Sexual Offences) Act 1978 (Qld)
Evidence Act 1977 (Qld), s 101Attorney-General v Hitchcock (1847) 1 Ex 91; 154 ER 38, considered
Chandu Nagrecha [1997] 2 Cr App R 401,
Knight v Jones; ex p Jones [1981] Qd R 98, applied
Natta v Canham (1991) 32 FCR 282, considered
Palmer v The Queen (1998) 193 CLR 1, consideredPiddington v Bennett and Wood Pty Ltd (1940) 63 CLR 533, considered
R v Busby (1982) 75 Cr App R 79, considered
R v Funderburk [1990] 1 WLR 587, considered
R v Kochnieff (1987) 33 A Crim R 1, considered
R v Lowrie & Ross [2000] QCA 405; CA Nos 95 and 92 of 2000, 3 October 2000, considered
R v LSS [1998] QCA 303, CA No 128 of 1998, 2 October 1998, considered
R v Phillips (1936) 26 Cr App R 17, considered
Smith v The Queen (1993) 9 WAR 99, distinguished
Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471, consideredCOUNSEL: A J Rafter for the appellant
N Weston for the respondentSOLICITORS: Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
McPHERSON JA: In 1999 the appellant and the complainant were prisoners in the Moreton Bay Correctional Centre, where the complainant was being held on remand. According to his evidence, on 14 October 1999, the appellant came into the prison dormitory where he was sleeping and had anal intercourse with him without his consent. At the trial in the District Court in 2001, the appellant was found guilty of one count…
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- AGLC
- R v Lawrence [2001] QCA 441
- Case
- [2001] QCA 441
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing the admissibility of evidence of a complainant's previous false accusations. It was noted that such evidence could be relevant in assessing the credibility of the complainant and the likelihood of the truthfulness of the current allegations. However, the court emphasised that the decision to admit such evidence rested within the sound discretion of the trial judge. The court held that the trial judge had not sufficiently considered the prejudicial effect of the evidence against its probative value, resulting in an error of law. Consequently, the trial judge's decision to admit the evidence was deemed to have been an abuse of discretion.
Given the error in the admission of the evidence, the court concluded that the appellant's conviction was unsafe and unreliable. As a result, the appeal was allowed, the conviction set aside, and a new trial ordered for the counts in the indictment. The court's decision underscored the importance of careful consideration of the probative value and prejudicial effect of evidence when exercising judicial discretion in criminal trials.
Orders
Orders of the court
Appeal allowed. Conviction set aside and a new trial ordered of the counts in the indictment.
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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