SUPREME COURT OF QUEENSLAND
CITATION:
R v McLucas [2017] QCA 262
PARTIES:
R
v
McLUCAS, James Cecil
(appellant)FILE NO/S:
CA No 101 of 2017
DC No 144 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Ipswich – Date of Conviction: 13 April 2017 (Lynch QC DCJ)
DELIVERED ON:
7 November 2017
DELIVERED AT:
Brisbane
HEARING DATE:
31 August 2017
JUDGES:
Sofronoff P and Boddice and Flanagan JJ
ORDER:
The appeal should be dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – INCONSISTENT VERDICTS – where, after a trial before a jury, the appellant was convicted of two counts of indecent dealing with a child under 16 (counts 3 and 4), one count of incest (count 6, but not guilty of the alternative charge of rape) and one count of exposure to an indecent act (count 8) – where, after a trial before a jury, the appellant was acquitted of one count of indecent dealing with a child under 16 (count 1), one count of exposing a child under 16 years to an indecent act (count 2), one count of sexual assault (count 5) and one count of rape (count 7) – where the events occurred when the complainant was 14, 18 and 20 years old – where the complainant was 24 years old at the time of trial – where the complainant was the grandson of the appellant – where the jury was directed to consider each count separately – whether the convictions on counts 3, 4, 6 and 8 were unsafe and unsatisfactory because of the inconsistency with the acquittals on counts 1, 2, 5 and 7 – whether the verdicts cannot be logically reconciled or stand together
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where there were some inconsistencies in the complainant’s evidence to police and at trial – where there was approximately 18 months between the complainant proving a statement to police and the trial – where the prosecution case did not rest solely on the evidence of the complainant - whether the guilty verdicts of the jury on counts 3, 4, 6 and 8 were inconsistent with the acquittals on counts 1, 2, 5 and 7 – whether this inconsistency renders the verdicts either unreasonable or unsupported by the evidence – whether it was reasonably open to the jury to be satisfied beyond reasonable doubt of each element of counts 3, 4, 6 and 8
Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56, cited
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35, cited
R v Clapham[2017] QCA 99, applied
R v Conn; R v Conn; Ex parte Attorney-General (Qld)[2017] QCA 220, applied
R v GAW[2015] QCA 166, cited
R…
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- AGLC
- R v McLucas [2017] QCA 262
- Case
- [2017] QCA 262
- Decision Date
CaseChat Overview and Summary
The court examined the evidence provided by the complainant and other witnesses, noting some inconsistencies in the complainant's statements to police and at trial, as well as the time lapse between the statement and the trial. However, the court determined that the prosecution's case did not rely solely on the complainant's evidence. The jury was directed to consider each count separately, and the court concluded that it was reasonably open to the jury to be satisfied beyond reasonable doubt of each element of the counts on which the appellant was convicted. Therefore, the appeal against the convictions was dismissed, and the guilty verdicts were upheld as safe and satisfactory.
The court's reasoning was based on the overall evidence presented, including the complainant's testimony and the corroborating evidence from other witnesses. The inconsistencies noted did not undermine the jury's ability to convict the appellant on certain counts while acquitting him on others. The court found that the jury's verdicts were supported by the evidence and that the appellant's convictions on counts 3, 4, 6, and 8 were consistent with the acquittals on counts 1, 2, 5, and 7. The appeal was dismissed, and the convictions were upheld.
The final orders of the court were that the appeal against the convictions on counts 3, 4, 6, and 8 should be dismissed, and the convictions were to stand. The acquittals on counts 1, 2, 5, and 7 were affirmed. The court's decision was based on the sufficiency of the evidence and the jury's reasonable satisfaction of the elements of the charges on which the appellant was convicted.
Orders
Orders of the court
The appeal should be 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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