SUPREME COURT OF QUEENSLAND
CITATION:
R v Panagaris [2022] QCA 192
PARTIES:
R
v
PANAGARIS, Dimitrious John
(appellant)FILE NO/S:
CA No 81 of 2021
DC No 2128 of 2020DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 15 April 2021 (Farr SC DCJ)
DELIVERED ON:
7 October 2022
DELIVERED AT:
Brisbane
HEARING DATE:
28 July 2022
JUDGES:
Morrison and Dalton and Flanagan JJA
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the appellant was found guilty after trial of one count of digital rape and two counts of sexual assault – where the complainant met the appellant in the waiting room of an emergency department – where there was CCTV footage of the waiting room and the walkways leading to the waiting room – where the quality of the CCTV footage was grainy – where the complainant was 19 years old and was intoxicated by alcohol and MDMA – where the appellant repeatedly told the complainant that she would go to jail if the police found drugs on her – where the appellant lured the complainant out of the hospital and out of view of the CCTV cameras on three occasions – where the alleged offending occurred out of view of the CCTV cameras – where the complainant’s observable behaviour in the CCTV footage does not show her to be upset – where two nurses gave evidence that the complainant appeared anxious and uncomfortable – where the CCTV footage shows the complainant choosing to stay with the appellant after the alleged offending occurred – where the complainant gave inconsistent accounts of the offending – whether it was open to the jury to be satisfied beyond reasonable doubt of the appellant’s guilt having regard to all the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – where the complainant’s father gave evidence of the complainant’s distressed condition – where the trial judge directed the jury about distressed condition in relation to the evidence of the complainant’s father – whether the direction was sufficient – where the appellant submits that the trial judge erred in failing to address other evidence of distressed condition – where the appellant submits that the trial judge ought to have given a direction that the evidence could only be used as to context or narrative
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – where a nurse gave evidence of an account of the offending she received from the complainant – where that account was inconsistent with the complainant’s account to the police – whether a prior inconsistent statement direction should have been given
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – where the complainant gave evidence that the appellant offered her money to smuggle drugs…
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- AGLC
- R v Panagaris [2022] QCA 192
- Case
- [2022] QCA 192
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the evidence, including CCTV footage of the waiting room and the walkways leading to the waiting room, which was grainy in quality. The court also considered the complainant’s age and intoxication by alcohol and MDMA, and the appellant’s repeated warnings to the complainant about the consequences of being found with drugs on her person. The court examined the evidence of the complainant’s distressed condition and the discrepancies in her accounts of the alleged offending. The court also considered the directions given by the trial judge to the jury regarding the evidence of the complainant’s distressed condition, the prior inconsistent statement given by the complainant to a nurse, and the evidence of the complainant’s offer to smuggle drugs for money.
The court found that it was open to the jury to be satisfied beyond reasonable doubt of the appellant’s guilt, having regard to all the evidence. The court found that the trial judge’s directions to the jury were sufficient, and that there was no misdirection or non-direction. The court found that the evidence of the complainant’s distressed condition, when speaking to her father, was properly admitted as evidence supporting the complainant’s claim of rape by the appellant. The court also found that the evidence of the complainant’s offer to smuggle drugs for money was properly admitted as evidence of the appellant’s propensity to be involved in drug dealing, and that the trial judge’s failure to direct the jury that this evidence could not be used to prove that the appellant was a drug dealer was not a ground for setting aside the verdict.
The appeal was dismissed.
Orders
Orders of the court
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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