R v MBX

Case [2013] QCA 214


SUPREME COURT OF QUEENSLAND

CITATION:

R v MBX [2013] QCA 214

PARTIES:

R
v
MBX

(appellant)

FILE NO/S:

CA No 138 of 2012
DC No 1453 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

6 August 2013

DELIVERED AT:

Brisbane

HEARING DATE:

31 May 2013

JUDGES:

Fraser JA and Applegarth and Jackson JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – VERDICT – ALTERNATIVE VERDICTS – DIRECTIONS TO THE JURY – where appellant charged with three counts of anal rape – where appellant’s trial counsel requested alternative verdict of attempted rape not be left to the jury – whether alternative verdict of attempted rape fairly arose for consideration on the whole of the evidence – where appellant convicted on rape charges – whether trial judge erred in failing to leave alternative verdicts of rape or indecent treatment to the jury

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – PARTICULAR CASES – where offences allegedly occurred before complainant turned six – where delay of about ten years between alleged offence and complaint – where evidence of child complainant uncorroborated – whether trial judge needed to refer jury in the circumstances to the possibility of childhood fantasy – whether trial judge failed to give adequate Longman direction

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – PARTICULAR CASES – where evidence of child complainant uncorroborated – whether circumstances created a perceptible risk of miscarriage of justice necessitating a Longman/Robinson direction – whether trial judge erred in failing to give adequate direction

Criminal Code 1889 (Qld), s 210, s 350, s 578(1), s 583(1), s 632

Benbolt v The Queen (1993) 60 SASR 7; (1993) 67 A Crim R 11, cited
Blackwell v The Queen (2011) 81 NSWLR 119; (2011) 208 A Crim R 392; [2011] NSWCCA 93, cited
Crampton v The Queen
(2000) 206 CLR 161; [2000] HCA 60, considered
Doggett v The Queen
(2001) 208 CLR 343; [2001] HCA 46, considered
FGC v Western Australia
(2008) 183 A Crim R 313; [2008] WASCA 47, considered
JJB v The Queen
(2006) 161 A Crim R 187; [2006] NSWCCA 126, cited
Longman v The Queen
(1989) 168 CLR 79; [1989] HCA 60, considered
R v Aristidis
[1999] 2 Qd R 629; [1998] QCA 422, cited
R v BWT
(2002) 54 NSWLR 241; (2002) 129 A Crim R 153; [2002] NSWCCA 60, cited
R v C
[2002] QCA 166, cited
R v Chan
[2001] 2 Qd R 662; [2000] QCA 347, cited
R v Coutts
[2006] 1 WLR 2154; [2006] UKHL 39, considered
R v FAR [1996] 2 Qd…

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AGLC
R v MBX [2013] QCA 214
Case
[2013] QCA 214
Decision Date

CaseChat Overview and Summary

In the case of R v MBX, the appellant was charged with three counts of anal rape. The case was heard in the court of appeal, where the appellant contested the conviction and sought to appeal on various grounds, including the trial judge's handling of alternative verdicts and the adequacy of jury directions. The central issue was whether the trial judge correctly decided which verdicts to present to the jury and if the trial judge's directions to the jury were sufficient in light of the evidence presented.

The court examined whether the alternative verdict of attempted rape was appropriate given the evidence, and whether the trial judge should have left this to the jury's consideration. Additionally, the court assessed whether the trial judge erred in not including alternative verdicts of rape or indecent treatment for the jury. The court also scrutinised the trial judge's handling of the uncorroborated evidence of the child complainant and whether the judge adequately addressed the potential for childhood fantasy and the risk of miscarriage of justice.

The court concluded that the trial judge did not err in omitting the alternative verdict of attempted rape as it did not fairly arise from the evidence. The court found that the trial judge's directions to the jury were adequate and that the failure to give a Longman direction did not constitute a miscarriage of justice. The court held that the evidence, though uncorroborated, was sufficient to support the conviction. Consequently, the appeal was dismissed, and the convictions were upheld.

No further orders were made by the court.

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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