R v RH

Case [2004] QCA 225


SUPREME COURT OF QUEENSLAND

CITATION:  R v RH [2004] QCA 225
PARTIES:  R
v
RH
(appellant)
FILE NO/S:  CA No 67 of 2004
DC No 367 of 2003
DIVISION:  Court of Appeal
PROCEEDING:  Appeal against Conviction
ORIGINATING 
COURT: 
District Court at Ipswich
DELIVERED ON:  2 July 2004
DELIVERED AT:  Brisbane
HEARING DATE:  29 June 2004
JUDGES:  Davies, Williams and Jerrard JJA
Separate reasons for judgment of each member of the Court,
each concurring as to the orders made
ORDERS:  1. Allow the appeal and quash the convictions
2. Order a re-trial
CATCHWORDS:  CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT – PARTICULAR CASES – WHERE APPEAL ALLOWED – where appellant convicted of seven counts of indecent dealing with his two daughters who were under age of 12 – where evidence of preliminary complaints made by daughters to their mother and step-father was given – where learned trial judge did not direct jury as to the use to which they could put that evidence – whether direction should have been given – whether there was a likelihood that in absence of direction jury would treat that evidence as confirmatory of facts on which charges were based
Criminal Law (Sexual Offences) Act 1978 (Qld), s 4A
Jones v The Queen (1997) 71 ALJR 538, followed
R v Lillyman [1896] 2 QB 167, cited
COUNSEL:  P J Callaghan for the appellant
S G Bain for the respondent
SOLICITORS:  Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the
respondent
  1. DAVIES JA: I agree with the reasons for judgment of Williams JA and with the orders he proposes and with the further reasons for judgment of Jerrard JA.

  2. WILLIAMS JA: The appellant was convicted on 20 February 2004 after a trial of seven counts of indecent dealing with his two daughters who were under the age of 12 at the time. He was sentenced to four years imprisonment with credit being given for 17 days spent in pre-sentence custody.

  3. On 19 March 2004 he lodged a Notice of Appeal against conviction and an application for leave to appeal against sentence. At the outset of the hearing of the appeal his counsel abandoned the three grounds of appeal against conviction stated in that Notice and also abandoned the application for leave to appeal against sentence on the ground that it was manifestly excessive. The court struck out the application for leave to appeal against sentence, and granted leave to the appellant to add as a ground of appeal against conviction the following:

    “The learned trial judge erred when she failed to give any directions
    on the subject of preliminary complaint.”

  4. Evidence in support of the charges was given by the appellant’s two daughters. Acceptance of that evidence would have been sufficient to support the verdicts of guilty.

  5. Pursuant to s 4A of the Criminal Law (Sexual Offences) Act

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Details
AGLC
R v RH [2004] QCA 225
Case
[2004] QCA 225
Decision Date

CaseChat Overview and Summary

The appellant was convicted on seven counts of indecent dealings with his two daughters, who were under the age of 12. The conviction was challenged on the basis of alleged misdirection and non-direction of the jury by the trial judge, specifically concerning the use of evidence of preliminary complaints made by the daughters to their mother and step-father. The appeal was heard in the Supreme Court of Victoria.

The legal issues the court had to address were whether the trial judge should have directed the jury on the use of the preliminary complaints' evidence and whether there was a likelihood that the jury would treat this evidence as confirmatory of the facts on which the charges were based in the absence of such a direction. The court needed to determine if these issues warranted interference with the verdict, which would lead to a new trial.

The court held that the trial judge failed to adequately direct the jury regarding the use of the preliminary complaints' evidence, which could have led the jury to treat this evidence as confirmatory of the charges. The court found that there was a real possibility that the jury misapplied the evidence, leading to a miscarriage of justice. Consequently, the court allowed the appeal, quashed the convictions, and ordered a re-trial. The court emphasised the importance of proper jury direction in such sensitive cases to ensure the fairness of the trial and the reliability of the verdict.

Orders

Orders of the court

1. Allow the appeal and quash the convictions

2. Order a re-trial

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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