SUPREME COURT OF QUEENSLAND
CITATION:
R v NF [2023] QCA 208
PARTIES:
R
v
NF
(applicant)FILE NO/S:
CA No 178 of 2020
DC No 594 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Conviction)
Sentence ApplicationORIGINATING COURT:
District Court at Townsville – Date of Conviction: 30 July 2020; Date of Sentence: 5 August 2020 (Chief Judge O’Brien)
DELIVERED ON:
27 October 2023
DELIVERED AT:
Brisbane
HEARING DATE:
25 September 2023
JUDGES:
Boddice JA and Burns and Ryan JJ
ORDERS:
1. The application for an extension of time within which to appeal against conviction is refused.
2. Leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant was convicted after a trial without a jury of maintaining an unlawful sexual relationship with a child under the age of 12 as well as a range of associated sexual and other offending against the same complainant – where the applicant sought an extension of time in which to appeal against his convictions – whether there was sufficient merit in the proposed grounds of appeal to warrant an extension of time
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the applicant was convicted after a trial without a jury of maintaining an unlawful sexual relationship with a child under the age of 12 as well as a range of associated sexual and other offending against the same complainant – whether the convictions, or any of them, were unreasonable or could not be supported having regard to the evidence – where the evidence comprising the Crown case was primarily comprised of the complainant’s pre-recorded oral testimony but was supported in critical respects by scientific evidence as well as by evidence from various witnesses including preliminary complaint witnesses –whether on an independent assessment of the record as a whole, it was open to the trial judge to be satisfied beyond reasonable doubt of the applicant’s guilt of each of the offences for which he was convicted – whether there existed inconsistencies, discrepancies or other inadequacy which, in light of the other evidence in the case, the judge ought nonetheless to have entertained reasonable doubt as to proof of guilt
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION – PARTICULAR GROUNDS OF APPEAL – CONDUCT OF DEFENCE COUNSEL – where the applicant was convicted after a trial without a jury of maintaining an unlawful sexual relationship with a child under the age of 12 as well as a range of associated sexual and other offending against the same complainant – where the applicant complained that he did not receive a fair trial because he had not been competently represented – whether there was anything in the conduct of the trial on the applicant’s behalf that could be said to have…
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- AGLC
- R v NF [2023] QCA 208
- Case
- [2023] QCA 208
- Decision Date
CaseChat Overview and Summary
The court found that the proposed grounds of appeal did not have sufficient merit to warrant an extension of time. It was determined that the trial judge was open to be satisfied beyond reasonable doubt of the applicant's guilt based on the evidence, which included the complainant's pre-recorded testimony, scientific evidence, and witness statements. The court found no inconsistency or inadequacy in the evidence that would have led a reasonable judge to entertain doubt about the applicant's guilt. Furthermore, the court held that there was no indication that the conduct of the defence counsel was deficient in any way that could have produced injustice. Finally, the court dismissed the appeal against sentence, noting that the applicant had not provided any details about the fresh evidence and had not demonstrated that it was unavailable or could not have been discovered with reasonable diligence.
The final orders of the court were to refuse the application for an extension of time within which to appeal against conviction and to refuse leave to appeal against sentence.
Orders
Orders of the court
1. The application for an extension of time within which to appeal against conviction is refused.
2. Leave to appeal against sentence is refused.
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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