SUPREME COURT OF QUEENSLAND
CITATION:
R v RUJ [2021] QCA 114
PARTIES:
R
v
RUJ
(appellant/applicant)FILE NO/S:
CA No 179 of 2020
DC No 472 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Beenleigh – [2020] QDC 198 (Muir DCJ)DELIVERED ON:
28 May 2021
DELIVERED AT:
Brisbane
HEARING DATE:
26 February 2021
JUDGES:
Sofronoff P and McMurdo and Mullins JJA
ORDERS:
1. Appeal against convictions dismissed.
2. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – PROCEDURE – TRIAL HAD BEFORE JUDGE WITHOUT JURY – GENERALLY – where the appellant was convicted of rape and attempted rape – where the appellant appeals against the verdict on the ground that there has been a miscarriage of justice – where the appellant submitted that the trial judge erred by applying irrelevant considerations or incorrect facts to the determination of the appellant’s credibility and reliability – whether there was a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was convicted of rape and attempted rape – where the appellant was sentenced to a head sentence of four years’ imprisonment –whether the sentence was manifestly excessive
Criminal Code (Qld), s 615C, s 668D, s 668E
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29, considered
Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68, considered
R v Keevers; R v Filewood[2004] QCA 207, considered
R v O’Dempsey[2018] QCA 364, discussed
R v Sailovic-Jeremic[2011] QCA 211, considered
R v Smith[2020] QCA 23, consideredCOUNSEL:
B J Power for the appellant/applicant
M J Hynes for the respondentSOLICITORS:
Robertson O’Gorman Solicitors for the appellant/applicant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: I agree with the reasons of McMurdo JA and with the orders proposed by his Honour.
McMURDO JA: The appellant was convicted of the rape and attempted rape of a young woman, for which he was sentenced to concurrent terms of four years’ and two years’ imprisonment, suspended after 20 months. He appeals against the convictions and seeks leave to appeal against the sentences.
The appellant was tried in the District Court by Muir DCJ, sitting without a jury. The essential evidence in the prosecution case was that given by the complainant. She was a friend of the appellant’s daughter, and was one of several people who were then sleeping in the appellant’s house after a birthday celebration. In the early hours of the morning, she awoke to find that a man had entered the room in which she was sleeping (alone) and that man proceeded to digitally rape her and attempted to insert his penis into her vagina. The complainant said that this man was the appellant.
The appellant gave evidence. He denied being in the complainant’s room. The trial judge…
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- R v RUJ [2021] QCA 114
- Case
- [2021] QCA 114
- Decision Date
CaseChat Overview and Summary
The court held that the appeal and the application for leave to appeal should fail. The trial judge was not required to accept the appellant’s version of events. The trial judge had evaluated the evidence of the complainant and the appellant and had found the former to be more credible. The trial judge had also found that the appellant was not a credible witness, and that his evidence was unreliable. The court found no error in the trial judge’s assessment of the appellant’s credibility. The court also found that the sentence imposed was not manifestly excessive, given the gravity of the offences and the appellant’s criminal history.
The appeal against the convictions was dismissed, and the application for leave to appeal against the sentence was refused.
Orders
Orders of the court
1. Appeal against convictions dismissed.
2. Application for leave to appeal against sentence refused.
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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