R v Murdoch

Case

[2017] QCA 239

17 October 2017


Details
AGLC Case Decision Date
R v Murdoch [2017] QCA 239 [2017] QCA 239 17 October 2017

CaseChat Overview and Summary

In the case of R v Murdoch, the appellant was convicted of three counts of indecent treatment of a child under 16 and acquitted of two counts. The appellant appealed against the convictions on the grounds that the verdicts were unreasonable and not supported by the evidence. Additionally, the appellant argued that there were errors in the trial judge's summing up, including an alleged failure to give adequate hearsay and propensity directions. The appellant also challenged the admissibility of Exhibit 5, a report by the school counsellor who had died before the trial, arguing it should not have been admitted as it contained second-hand hearsay and was not within the scope of s 93 of the Evidence Act 1977 (Qld).

The court was required to determine whether the verdicts were unreasonable or insupportable in light of the evidence, whether the trial judge's directions on hearsay and propensity were adequate, and whether Exhibit 5 should have been admitted. The court considered the evidence, the inconsistencies in the complainant's testimony, and the trial judge's directions. The court found that the jury was properly directed and that the inconsistencies did not undermine the verdicts. The court also held that Exhibit 5 was properly admitted as it fell within the scope of s 93 of the Evidence Act.

The court concluded that the evidence was sufficient to support the jury's verdicts and that the trial judge's directions were adequate. The court found that the verdicts were not unreasonable and dismissed the appeal. The application to appeal against sentence was also refused.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Admissibility of Evidence

  • Misdirection and Non-Direction

  • Propensity Reasoning

  • Compensatory Damages

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Most Recent Citation
Verhagen v RSPCA [2025] QDC 55

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8

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R v Hyde [2020] QCA 196
Cases Cited

22

Statutory Material Cited

3

R v Suteski [2002] NSWCCA 509
Tan v R [2008] NSWCCA 332
R v Robertson [2015] QCA 11