IN THE COURT OF APPEAL [1993] QCA 023
SUPREME COURT OF QUEENSLAND
C.A. No. 301 of 1992
Before the Court of Appeal
Mr. Justice Pincus
Mr. Justice McPherson
Mr. Justice Byrne
T H E Q U E E N
v.
JAMES ROBERT SAILOR
(Appellant)
JUDGMENT - PINCUS J.A.
Delivered the Twenty-sixth day of February 1993
| Counsel: | P. Rutledge for the Crown S.E. Herbert Q.C. for the Appellant | |||
| Solicitors: | The Director of Prosecutions for the Crown The Legal Aid Office for the Appellant | |||
| Hearing Date(s): |
|
IN THE COURT OF APPEAL
SUPREME COURT OF QUEENSLAND
C.A. No. 301 of 1992
T H E Q U E E N
v.
JAMES ROBERT SAILOR
(Appellant)
JUDGMENT - PINCUS J.A.
Delivered the Twenty-sixth day of February 1993
As is explained in the reasons of McPherson J.A., which I have had the advantage of reading, the appellant was convicted of two counts, one of rape and another of attempted rape. The grounds of appeal argued were two: that the trial judge erred in admitting into evidence a complaint not made at the first reasonable opportunity and wrongly directed the jury that certain evidence of the complainant's distressed condition was capable of constituting corroboration. I am in respectful agreement with McPherson J.A. that there was admissible evidence of fresh complaint but, contrary to his Honour's view, think that the evidence of distress at the time of that complaint was fit for the jury's consideration as some corroboration of the complainant's story that there was intercourse induced by use of a knife. Sexual intercourse was admitted, but the appellant said, in effect, that there was enthusiastic consent.
The complainant gave evidence that she arrived home about 1.40 a.m. after having been raped. She said the "dogs had waken Dad up" and her father was "coming out to see what the noise was". She gave an explanation, set out by McPherson J.A., as to why she had not complained to her father; that was not on the face of it implausible. In cross-examination, the complainant was asked further questions about this incident and in response to them said, in effect, that she walked into her father's bedroom, identified herself, apologised, looked at the time and left. A question was asked which perhaps assumed that the light in the room was off:
"Yes. So there was enough light in the room for you to see the clock?--It's a digital clock - it's a digital, radio clock".
At that stage, according to the complainant, she was not crying, but was upset. The complainant's father was not called to give evidence. In the circumstances, it does not appear to be of critical importance that there was no evidence from him about the complainant's condition at the time of the encounter just described. However, about 7 a.m. the complainant's mother phoned her from Perth to make an inquiry and at that time the complainant's father was sitting by the phone; one might have expected the father would then have noticed…
Continue reading R v Sailor
Sign in free to access the full text
- AGLC
- R v Sailor [1993] QCA 23
- Case
- [1993] QCA 23
- Decision Date
CaseChat Overview and Summary
The legal issues addressed by the court involved the admissibility of a complaint made after the first reasonable opportunity and the jury's ability to consider evidence of distress as corroborative of the complainant's account of the events. The court examined whether the evidence of distress was sufficiently proximate to the events in question to be considered corroborative, and whether the trial judge had correctly directed the jury on this point. The Court of Appeal held that the evidence of distress observed by Gail and Kelly was not too remote in time to be considered corroborative, and that the trial judge's direction to the jury on this issue was appropriate.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.