R v McL

Case

[1998] VSCA 61

9 October 1998


Details
AGLC Case Decision Date
R v McL [1998] VSCA 61 [1998] VSCA 61 9 October 1998

CaseChat Overview and Summary

In the matter of R v McL, the applicant was convicted of various serious sexual offences against his two step-daughters, A and B. The applicant's wife had previously been convicted of similar offences against the same girls. The Supreme Court of Victoria heard the case and the applicant appealed against his convictions and sentences. The legal issues that the court had to decide involved the admissibility of certain evidence, variances in the dates of the offences, and whether the verdicts were unsafe and unsatisfactory. The court examined the evidence of uncharged acts of prostitution and prior sexual conduct between the applicant and the victims, and whether these were relevant to the charges against the applicant. The court also considered whether the variances in the dates of the offences meant that the convictions were uncertain and whether the verdicts should be taken on all counts. The court found that some of the evidence was inadmissible but that the remaining evidence was sufficient to uphold the convictions. The court also held that the variances in the dates of the offences did not make the convictions uncertain and that the verdicts were safe and satisfactory. The Court of Appeal varied the sentences imposed by the trial judge.

In this case, the court considered the admissibility of certain evidence, including evidence of uncharged acts of prostitution and prior sexual conduct between the applicant and the victims. The court found that some of this evidence was inadmissible, but that the remaining evidence was sufficient to uphold the convictions. The court also considered variances in the dates of the offences and held that they did not make the convictions uncertain. The court held that the verdicts were safe and satisfactory and varied the sentences imposed by the trial judge. The applicant's appeal against his convictions was dismissed, but his appeal against sentence was allowed and a new sentence was imposed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sexual Offences

  • Admissibility of Evidence

  • Inadvertent Misdirection

  • Complaint

  • Judicial Review

Actions
Download as PDF Download as Word Document

Most Recent Citation
R v Richards [2017] QCA 299

Cases Citing This Decision

8

R v Richards [2017] QCA 299
R v A [2000] QCA 520
R v P [1998] QCA 402
Cases Cited

2

Statutory Material Cited

0

DJS v R [2010] NSWCCA 200
R. v. Saffoury [1998] VSCA 36
DJS v R [2010] NSWCCA 200