R v Ruj - [2020] QDC 198

DISTRICT COURT OF QUEENSLAND

CITATION:

R v RUJ [2020] QDC 198

PARTIES:

THE QUEEN

v

RUJ

FILE NO/S:

4721/17

DIVISION:

Criminal

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED ON:

19 August 2020

DELIVERED AT:

Southport

HEARING DATES:

27, 28 & 30 July 2020

JUDGE:

Muir DCJ

VERDICT:

Count 1 - Rape : Guilty

Count 2 – Attempted Rape[1]: Guilty

CATCHWORDS:

CRIMINAL LAW – TRIAL HAD BEFORE JUDGE WITHOUT JURY – VERDICT – where defendant is charged with 1 count of rape, and 1 count of attempted rape or, in the alternative, 1 count of sexual assault – whether the defendant is guilty or not guilty of the charges

CRIMINAL LAW – TRIAL HAD BEFORE JUDGE WITHOUT JURY – ATTEMPTS – whether the defendant’s actions amounted to an attempt to commit the relevant offence

CRIMINAL LAW – TRIAL HAD BEFORE JUDGE WITHOUT JURY – EVIDENCE – INDENTIFICATION – where complainant met the defendant for the first time earlier in the night – where the complainant had met the defendant sober but had then been affected by alcohol throughout the night – where the complainant identifies the defendant with reference to both circumstantial and direct evidence – whether the complainant’s evidence established the identity of the defendant beyond reasonable doubt

LEGISLATION:

Criminal Code Act 1899 (Qld) Sch 1 – Criminal Code ss 644, 615, 615B

Evidence Act 1977 (Qld) ss 21A, 21AW, 39PC

CASES:

Domican v The Queen (1992) 173 CLR 555.

Nguyen v R [2012] ACTCA 24.

R v LSS [2000] 1 Qd R 546; [1998] QCA 303.

R v Markuleski (2001) 52 NSWLR 82.

R v Mulcahy [2010] ACTSC 98.

R v MMH [2020] QDC 70.

R v RH [2005] 1 Qd R 180.

R v Sunderland [2020] QCA 156.

Robinson v R (1999) 197 CLR 162.

COUNSEL:

ZA Kaplan for the Crown

M Bonasia for the Defendant

SOLICITORS:

Office of the Director of Public Crowns for the Crown

Fisher Dore Solicitors for the Defendant

[1] The defendant was charged on indictment with Attempted Rape, or in the alternative, Sexual Assault.

Overview

On the evening of 29 September 2016, the complainant, who was aged 19 at the time, attended a friend’s 18th birthday celebrations at her friend’s father’s (the defendant) house. It was expected that the party would continue on into the early hours of the morning at a city bar and that the complainant and her friend would return to “crash” the night at the defendant’s house. But after drinking too much earlier in the evening, the complainant was too drunk to go out on the town and she fell asleep in one of the bedrooms at the defendant’s house. In the early hours of the following morning, she awoke to an unidentified man in her room and was subjected to a non-consensual sexual encounter. During the course of this attack, the complainant says she realised her assailant was the defendant.

Subsequently, the defendant, who was aged 40 at…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Ruj

Details

AGLC: R v Ruj [2020] QDC 198
Case: [2020] QDC 198
Decision Date: 19 August 2020

CaseChat Overview and Summary

The case of R v Ruj involved a defendant who was charged with one count of rape and one count of attempted rape, with the alternative of one count of sexual assault. The trial was conducted before a judge without a jury in an Australian court. The central issue in the case was to determine the guilt or innocence of the defendant regarding the charges brought against him. The court had to consider whether the defendant's actions constituted an attempt to commit the alleged offences, and whether the evidence presented, particularly the identification of the defendant by the complainant, was sufficient to establish his identity beyond reasonable doubt.

The legal issues before the court encompassed the interpretation of criminal attempt provisions and the admissibility and weight of identification evidence. The court had to assess whether the defendant's conduct went beyond mere preparation and whether it amounted to a substantial step towards the commission of the alleged offences. Additionally, the court needed to evaluate the reliability of the complainant's identification, especially considering the circumstances in which the complainant met the defendant and the impact of alcohol consumption on her ability to accurately identify him.

In its reasoning, the court carefully examined the evidence presented, including the circumstances of the complainant's encounter with the defendant, the impact of alcohol on her perception, and the consistency and reliability of her identification. The court concluded that the complainant's evidence, both circumstantial and direct, sufficiently established the defendant's identity beyond reasonable doubt. The court found that the defendant's actions constituted an attempt to commit the relevant offences, and therefore, the defendant was found guilty on all counts. The court's decision was based on a thorough analysis of the evidence and a careful application of relevant legal principles.

The final orders of the court included the defendant being found guilty of one count of rape, one count of attempted rape, and the alternative count of sexual assault. The court did not provide further details on the sentencing or any other specific orders.

Orders