SUPREME COURT OF QUEENSLAND
CITATION:
R v Lothian [2018] QCA 207
PARTIES:
R
v
LOTHIAN, Adam Keith Borge
(appellant/applicant)FILE NO/S:
CA No 36 of 2018
DC No 1837 of 2017DIVISION:
Court of Appeal
PROCEEDINGS:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 2 February 2018; Date of Sentence: 9 February 2018 (Jones DCJ)
DELIVERED ON:
Date of Orders: 10 May 2018
Date of Publication of Reasons: 4 September 2018DELIVERED AT:
Brisbane
HEARING DATE:
10 May 2018
JUDGES:
Sofronoff P and Morrison and Philippides JJA
ORDERS:
Date of Orders: 10 May 2018
1. Appeal against conviction and sentence dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – where the appellant/applicant was convicted after a trial of one count of sexual assault and one count of assault occasioning bodily harm – where the complainant and the appellant/applicant had previously been in a relationship and happened to attend the same nightclub one night by pure coincidence – where the complainant gave evidence that the appellant/applicant lifted her dress on two occasions that night and grabbed her on the vagina – where after the complainant left the nightclub the appellant/applicant approached her and pushed her sideways into a taxi – where it was submitted that CCTV camera footage contradicted the complainant’s account and rendered it virtually impossible that the offences could have occurred – whether the verdicts were unreasonable or cannot be supported having regard to the whole of the evidence
APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the appellant/applicant was sentenced to concurrent periods of 12 months’ imprisonment – where on count 1 that was suspended after four months, with an operational period of 12 months, and on count 2 a fixed parole release date was set after serving four months – where when the appeal was heard the appellant/applicant had served three months – where it was submitted by the appellant/applicant that the sentence ought to have reflected the marginal evidence justifying the case – where it was submitted by the Crown that the offending occurred against the background of persistent harassment of the complainant – whether the sentence was manifestly excessive
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
R v AQ[2003] QCA 479, considered
R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35, cited
R v Bradford[2007] QCA 293, considered
R v Mazza[2017] QCA 136, cited
R v Murray[2005] QCA 188, considered
SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13, followedCOUNSEL:
J S Shepley for the appellant/applicant
T A Fuller QC for the respondentSOLICITORS:
O’Sullivans Law Firm for the appellant/applicant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: I am of the view that, for the reasons given by Morrison JA, the…
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- R v Lothian [2018] QCA 207
- Case
- [2018] QCA 207
- Decision Date
CaseChat Overview and Summary
The appellant submitted that the CCTV footage contradicted the complainant's account and made it virtually impossible that the offences could have occurred. The court noted that the footage was of limited quality and did not capture the relevant events. The court found that the complainant's evidence was credible and reliable, and that the jury was entitled to accept it. The court also noted that the appellant had a history of harassing the complainant, which was relevant to the assessment of the credibility of her evidence. The court found that the verdicts were open to the jury and could be supported on the evidence.
The appellant also submitted that the sentence was manifestly excessive, given the marginal evidence justifying the case. The court noted that the offences were serious and involved violence against the complainant. The court also noted that the appellant had a history of harassing the complainant, which was relevant to the assessment of the appropriate sentence. The court found that the sentence was not manifestly excessive, and that it reflected the seriousness of the offences and the need to deter the appellant and others from engaging in similar conduct. The appeal against conviction and sentence was dismissed.
Orders
Orders of the court
Date of Orders: 10 May 2018
1. Appeal against conviction and sentence dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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