R v Rankin

Case [2000] QCA 54


SUPREME COURT OF QUEENSLAND

CITATION: R v Rankin [2000] QCA 54
PARTIES: R
v
RANKIN, Robin Leo
(applicant/appellant)
FILE NO/S: CA No 322 of 1999
DC No 28 of 1999
DIVISION: Court of Appeal
PROCEEDING: Appeal against conviction

ORIGINATING COURT:

District Court at Rockhampton

DELIVERED ON: 3 March 2000
DELIVERED AT: Brisbane
HEARING DATE: 10 February 2000
JUDGES: Davies and Thomas JJA, Byrne J
Judgment of the Court
ORDER: Appeal against conviction dismissed
Application for leave to appeal against sentence refused
CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – CONSIDERATION OF SUMMING UP AS A WHOLE – where appellant convicted of two offences of indecent dealing with a child under 12 – where inconsistency between complainant’s evidence and original complaint – whether appropriate direction to jury where evidence of uncharged incidents – where no request by  defence for warning

CRIMINAL LAW – EVIDENCE – SIMILAR FACTS – ADMISSIBILITY - SEXUAL OFFENCES – permissible use of evidence of uncharged incidents – where defence failed to object to evidence – where no corroboration – where no evidence led by accused – whether evidence could be used to indicate true nature of relationship

Gipp v The Queen (1998) 194 CLR 106, considered
Jones v The Queen (1997) 191 CLR 439, referred to
R v Mazzolini [1999] VSCA 150; 23 September 1999, referred to
R v S (1998) 103 A Crim R 101, referred to
R v Vonarx VSCA No 181 of 1995, 15 November 1995, considered
Robinson v The Queen [1999] HCA 42; 73 ALJR 1314, distinguished

COUNSEL: Mrs K McGinness for the applicant/appellant
Mr R Martin for the respondent
SOLICITORS:

Legal Aid Queensland for the applicant/appellant

Director of Public Prosecutions (Queensland) for the respondent

  1. THE COURT:  After a trial, the appellant was convicted of two offences of indecently dealing with a child under the age of 12.  Apart from the contention that the verdicts were unreasonable, the grounds of appeal concern the summing-up.

  1. The appellant was born in 1964.  The complainant was born on 23 May 1981.  The trial commenced on 24 August 1999 and concluded the following day.  The complainant was therefore then 18.  She was younger when the charged incidents are said to have occurred: the first between 22 May 1991 and 23 May 1993; the second between one December 1992 and 10 March 1993.

  1. The complainant met the appellant in 1989 at about the time he began to live with the complainant’s mother.  Afterwards, the complainant told the jury, the appellant “used to try and touch me” when her mother was away.  In response to the prosecutor’s question whether she remembered any such “sessions” “specifically”, the complainant first spoke of an incident when she was eight or nine.  One night, after returning from the toilet, she got onto a mattress that she shared with her brother.  In those days, the appellant and the complainant’s mother occupied a…

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R v Rankin [2000] QCA 54
Case
[2000] QCA 54
Decision Date

CaseChat Overview and Summary

The appellant was convicted of two counts of indecent dealing with a child under 12 years of age. The conviction arose from allegations made by the complainant, who was a child at the time of the offences. The case came before the court on appeal against the conviction and an application for leave to appeal against the sentence. The appellant's primary contention was that the trial judge misdirected the jury in considering the evidence of uncharged incidents. The court was required to determine whether the trial judge's summing up to the jury contained any error that could have led to a miscarriage of justice.

The court examined the trial judge's summing up in its entirety to determine whether there was a misdirection or non-direction that could have influenced the jury's verdict. It noted that the defence did not request a warning to the jury regarding the consideration of evidence of uncharged incidents. The court held that, in the absence of a request for a warning, the trial judge was not obliged to give one. The court also considered the admissibility of the evidence of uncharged incidents, noting that the defence had not objected to its admission. Given the lack of objection, the court concluded that the evidence could be used to show the true nature of the relationship between the appellant and the complainant.

After a thorough examination of the trial proceedings and the evidence presented, the court found no error in the trial judge's summing up that could have led to a miscarriage of justice. The court held that the evidence of uncharged incidents was properly admitted and could be used to demonstrate the true nature of the relationship between the appellant and the complainant. Consequently, the appeal against the conviction was dismissed. The application for leave to appeal against the sentence was also refused.

Orders

Orders of the court

Appeal against conviction dismissed

Application for leave to appeal against sentence 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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