SUPREME COURT OF QUEENSLAND
CITATION:
R v MCJ (No 2) [2019] QCA 174
PARTIES:
R
v
MCJ
(appellant)FILE NO/S:
CA No 292 of 2017
DC No 2582 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
Miscellaneous Application – CriminalORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 17 November 2017 (McGinness DCJ)
DELIVERED ON:
6 September 2019
DELIVERED AT:
Brisbane
HEARING DATE:
9 May 2019
JUDGES:
Gotterson and McMurdo JJA and Mullins J
ORDERS:
1. Application to adduce further evidence refused.
2. Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was found guilty of 12 counts of various sexual offences – where the trial from which this appeal arises was a re-trial – where the appellant contended that the complainant’s evidence at the re-trial was tainted by contradictions, inconsistencies, recent inventions and changes in her evidence between trials and received little support from other adult witnesses who gave evidence at the re-trial – whether upon the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of each offence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – where the appellant was found guilty of 12 counts of various sexual offences – where the trial from which this appeal arises was a re-trial – where, during the re-trial, the complainant and her brother were asked whether they had previously given evidence or had given sworn testimony on a previous occasion – where the fact that reference might be made to a previous trial was brought up by counsel but no direction was sought and none was given – whether, notwithstanding that such a direction was not sought, a miscarriage of justice resulted from an absence of a direction about the previous trial
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE – OTHER IRREGULARITIES – where, during deliberations, the jury made a request to hear again evidence given by the complainant’s aunt about a conversation – where the learned trial judge reminded the jury that the complainant’s aunt was the only person who gave evidence about that conversation – where the learned trial judge’s associate in fact read to the jury the evidence given by the complainant’s mother about that conversation – where the learned trial judge confirmed with the parties in front of the jury that both the complainant’s mother and her aunt gave evidence of that conversation – where the learned trial judge’s associate then read out evidence of the conversation given by the complainant’s aunt – where the appellant submitted on appeal that a miscarriage of justice had resulted because the learned trial judge’s response to the jury’s request was incorrect and the jury had been confused – whether a miscarriage of justice was occasioned
CRIMINAL…
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- AGLC
- R v MCJ (No 2) [2019] QCA 174
- Case
- [2019] QCA 174
- Decision Date
CaseChat Overview and Summary
The court determined that the jury's verdict was not unreasonable, as the evidence supported the conclusion that the appellant was guilty beyond reasonable doubt. The court found no miscarriage of justice resulted from the absence of a direction about the previous trial, as no such direction was sought. The court also ruled that the trial judge's response to the jury’s request to hear evidence again was handled correctly, and there was no evidence that the jury was confused. Regarding the prosecutor’s conduct, the court found that there was no misleading of the jury, improper suggestion that the complainant would not have a motive to lie, or expression of personal opinions by the prosecutor.
Additionally, the court found that the directions given by the trial judge about the note were adequate, and no further directions were necessary. The court concluded that the trial did not result in a miscarriage of justice and dismissed the appeal. The orders included the refusal of the application to adduce further evidence and the dismissal of the appeal.
Orders
Orders of the court
1. Application to adduce further evidence refused.
2. Appeal 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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