SUPREME COURT OF QUEENSLAND
CITATION: R v M [2000] QCA 20 PARTIES: R
v
M
(applicant/appellant)FILE NO/S: CA No 197 of 1999
DC No 214 of 1999DIVISION: Court of Appeal PROCEEDING: Appeal against conviction
Application for leave to appeal against sentenceORIGINATING COURT: District Court at Beenleigh
DELIVERED ON: 11 February 2000 DELIVERED AT: Brisbane HEARING DATE: 30 November 1999 JUDGES: McMurdo P, Davies JA and Helman J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.
ORDER: Appeal against conviction dismissed.
Application for leave to appeal against sentence refused.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – statement given by complainant under s 93A Evidence Act 1977– corroborated by complainant’s mother - whether evidence given by complainant in cross examination was inconsistent with statement – whether jury should have had reasonable doubt
Evidence Act 1977 (Qld), s 93A
CRIMINAL LAW – EVIDENCE – COMPLAINTS – FIRST REASONABLE OPPORTUNITY – relevant only to the credibility of complainant’s evidence - factors taken into account depend on circumstances of the case - whether complaint was made "at the earliest reasonable opportunity"
M v The Queen (1994) 181 CLR 487, considered
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – POWER TO DISMISS APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE – whether trial judge’s failure to caution jury as to the reliability of the evidence given the age of the complainant and absence of corroboration caused a miscarriage of justice
Criminal Code (Qld), s 632
Robinson v The Queen [1999] HCA 42; (1999) 73 ALJR 1314, considered
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – whether sentence imposed at trial was manifestly excessive
R v Clare CA No 170 of 1994, 1 September 1994, considered
R v Kiellerup CA No 168 of 1998, 14 August 1998, considered
R v M [1999] QCA 118; CA No 445 of 1998, 13 April 1999, considered
R v Mansfield CA No 261 of 1997, 6 August 1997, considered
R v Pham [1996] QCA 3; CA No 435 of 1995, 6 February 1996, distinguished
R v Solway [1995] QCA 374; CA Nos 164 and 187 of 1995, 22 August 1995, considered
R v Trapp CA No 433 of 1995, 8 February 1999, distinguished
R v Watson CA No 255 of 1996, 27 August 1996, distinguishedCOUNSEL: Mr S J Hamlyn-Harris for applicant/appellant
Mr D Meredith for respondentSOLICITORS: Legal Aid Queensland for applicant/appellant
Director of Public Prosecutions (Queensland) for respondent
McMURDO P: I have read the reasons for judgment of Davies…
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- AGLC
- R v M [2000] QCA 20
- Case
- [2000] QCA 20
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the jury should have entertained reasonable doubt in convicting the appellant, given the inconsistencies between the complainant's in-court testimony and her prior written statement, as well as the corroborating evidence provided by the complainant's mother. The court examined whether these inconsistencies were significant enough to render the verdict unreasonable or unsustainable. The court also considered the impact of the statutory provisions and case law on the assessment of the credibility of the complainant's evidence.
The court found that the jury was entitled to assess the credibility of the complainant's evidence, including any inconsistencies, and that the inconsistencies did not necessarily render the verdict unreasonable or unsustainable. The court emphasised that the jury was free to accept or reject any part of a witness's evidence, including prior statements, and that the jury's verdict should not be disturbed unless it was palpably unsafe or unsatisfactory. The court also noted that the complainant's mother's evidence corroborated the complainant's account, which further supported the jury's verdict. As a result, the appeal against the conviction was dismissed, and the application for leave to appeal against sentence was also refused.
The final orders of the court were that the appeal against conviction was dismissed, and the application for leave to appeal against sentence was refused.
Orders
Orders of the court
Appeal against conviction dismissed.
Application for leave to appeal against sentence refused.
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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