SUPREME COURT OF QUEENSLAND
CITATION:
R v Maddison [2013] QCA 132
PARTIES:
R
v
MADDISON, Steven Robert
(appellant)FILE NO/S:
CA No 328 of 2012
DC No 285 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
31 May 2013
DELIVERED AT:
Brisbane
HEARING DATE:
6 May 2013
JUDGES:
Muir and Gotterson JJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – INCONSISTENT VERDICTS – where the appellant was convicted of one count of indecent treatment of a child under 16, under care (count 2); and acquitted of another count of indecent treatment of a child under 16, under care (count 4) – where the appellant appeals against the guilty verdict in respect of count 2 as unsafe and unsatisfactory on the basis that it was inconsistent with the acquittal on count 4 – where the appellant contends that the jury’s not guilty finding in respect of count 4 damaged the complainant’s credibility with respect to all counts on the indictment – where the appellant contends that the different verdicts represent an affront to logic and commonsense and it was not open to the jury to be satisfied of the appellant’s guilt beyond reasonable doubt – whether the verdicts can be reconciled
CRIMINAL LAW – EVIDENCE – PROPENSITY, TENDENCY AND CO-INCIDENCE – ADMISSIBILITY AND RELEVANCY – PROPENSITY EVIDENCE – EVIDENCE OF UNCHARGED ACTS – where the trial judge admitted evidence of a witness, C, on the basis that it demonstrated a sexual interest by the appellant in young females – where the appellant contends that its prejudicial effect outweighed its probative value – where the appellant submits that the trial judge erred in failing to give the jury a warning against propensity reasoning – whether the trial judge erred in not excluding the evidence of C – whether the trial judge erred in directing the jury as to the use they might make of uncharged discreditable conduct on behalf of the appellant
BRS v The Queen (1997) 191 CLR 275; [1997] HCA 47, cited
HML v The Queen (2008) 235 CLR 334; [2008] HCA 16, considered
Jones v The Queen (1997) 191 CLR 439; [1997] HCA 12, cited
KRM v The Queen (2001) 206 CLR 221; [2001] HCA 11, considered
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35, considered
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53, considered
Pfennig v The Queen (1995) 182 CLR 461; [1995] HCA 7, considered
Phillips v The Queen (2006) 225 CLR 303; [2006] HCA 4, cited
R v WO[2006] QCA 21, cited
SKA v The Queen (2011) 243 CLR…
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- AGLC
- R v Maddison [2013] QCA 132
- Case
- [2013] QCA 132
- Decision Date
CaseChat Overview and Summary
The court found that the verdicts could be reconciled and that there was no inconsistency between them. The court held that the trial judge did not err in admitting the evidence of the uncharged acts, as its probative value was not outweighed by its prejudicial effect. The court also found that the trial judge did not err in directing the jury as to the use they might make of uncharged discreditable conduct on behalf of the appellant.
The appeal was dismissed, and the conviction and sentence of the appellant were upheld.
Orders
Orders of the court
Appeal dismissed.
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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