| IN THE COURT OF APPEAL | [1996] QCA 230 |
| SUPREME COURT OF QUEENSLAND |
C.A. No. 72 of 1996
Brisbane
| Before | McPherson J.A. Davies J.A. Demack J. |
| [R. v. M] |
T H E Q U E E N
v.
M
(Appellant)
McPherson J.A.
Davies J.A.Demack J.
Judgment delivered 12/07/96
Joint reasons for judgment by McPherson J.A. and Demack J.; separate reasons by
Davies J.A. concurring as to the orders.
APPEAL AGAINST CONVICTION DISMISSED. APPLICATION FOR LEAVE TO
APPEAL AGAINST SENTENCE REFUSED.
| CATCHWORDS | CRIMINAL LAW - CORROBORATION - Whether corroboration evidence of an act of sexual misconduct on a later occasion is capable also of corroborating evidence of the complainant about similar acts on an earlier occasion or occasions. R. v. McCann [1972] Tas. S.R. (N.C.) 3 followed; R. v. Sakail [1993] 1 Qd.R. 312 followed. |
| CRIMINAL LAW - SENTENCE - Primitive and barbaric sexual conduct by stepfather towards stepdaughter | |
| Counsel: | G. McGuire for the appellant D. Meredith for the respondent |
| Solicitors: | Nicholsons for the appellant Director of Public Prosecutions for the respondent |
| Hearing Date: | 12 June 1996 |
JOINT REASONS FOR JUDGMENT - McPHERSON J.A. & DEMACK J.
Judgment delivered the 12th day of July 1996
The applicant was convicted after a trial in the District Court at Toowoomba of one count of indecent dealing (count 1), three of indecent assault (counts 4, 6 and 7) and two of rape (counts 2 and 5). Count 3 was abandoned in the course of the trial. The sentences imposed were imprisonment for 2 years for the indecent dealing; imprisonment for 11 and 10 years respectively for the two rapes; and 7 years for the three indecent assaults. All sentences were to be served concurrently, so that the effective sentence was one of imprisonment for 11 years.
The appellant now appeals against his conviction and seeks leave to appeal
against sentence.
The offences were committed between July 1973 and July 1980 at various places in south eastern Queensland. The complainant, who was the appellant's stepdaughter, was born on 26 July 1961. She was 13½ years old at the time of the first offence (count 1), and some 19 years of age at the time of the last offence charged. The appellant was born in 1940, and was 55 at the time of the trial.
When she gave evidence at the trial the complainant was 34 years old and had been married. There is material in the record suggesting that she is of less than average intelligence, and as a child she attended a special school; but she was described by the judge as an impressive witness, and the jury obviously believed her testimony. The appellant himself, who was said to have a speech impediment, did not give evidence. Her evidence on the incidents giving rise to the charges was therefore uncontradicted, although three witnesses gave evidence for the defence on matters going essentially to the complainant's credit.
The jury were, on the material before them, plainly entitled to accept the complainant's evidence as they did,…
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- AGLC
- R v Massey [1996] QCA 230
- Case
- [1996] QCA 230
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court needed to address was whether evidence of sexual misconduct on a later occasion could also serve to corroborate the complainant's account of similar acts that occurred earlier. The court had to examine relevant case law to determine the applicability of this principle. Specifically, the court considered whether the decisions in R v McCann and R v Sakail, which held that evidence of subsequent misconduct could corroborate earlier allegations, should be applied to the current case.
The court held that the evidence of subsequent misconduct was indeed capable of corroborating the complainant's earlier allegations, following the precedent set in R v McCann and R v Sakail. The court found that the prosecution had provided sufficient corroboration to support the complainant's account, thereby affirming the reliability of the earlier allegations. Consequently, the court ruled in favour of the prosecution, upholding the conviction.
No additional orders were made beyond the affirmation of the conviction. The court's decision reinforces the established legal principle that corroboration of subsequent misconduct can support earlier allegations, provided the circumstances align with the precedent set by the cited cases.
Orders
Orders of the court
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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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