SUPREME COURT OF QUEENSLAND
CITATION:
R v SCE [2014] QCA 48
PARTIES:
R
v
SCE
(appellant)FILE NO/S:
CA No 136 of 2013
DC No 1278 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
21 March 2014
DELIVERED AT:
Brisbane
HEARING DATE:
24 October 2013
JUDGES:
Margaret McMurdo P and Gotterson and Morrison JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where the appellant was convicted with various acts of a sexual nature against his stepdaughter, including maintaining an unlawful sexual relationship with a child, carnal knowledge and incest – where the offences were alleged to have occurred with a degree of habituality – whether in proving habituality the prosecution was confined to acts under certain counts
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where the appellant was acquitted of some counts and convicted of others – whether the guilty verdicts were inconsistent with the acquittals
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where the appellant contended by inference from a jury note that the jury misapprehended the proof as to the habituality element – where the appellant contended that the trial judge had to direct the jury as to evidence regarding the credit of the complainant – where the appellant contended that the complainant’s evidence was contradictory so that the jury could not be satisfied beyond reasonable doubt on the counts on which they convicted – where the appellant contended that he had no case to answer on certain counts – whether any of these situations led to a miscarriage of justice
Criminal Code 1899 (Qld), s 229B
Criminal Law Amendment Act 1945 (Qld), s 2A, s 2A(2)HML v The Queen (2008) 235 CLR 334; [2008] HCA 16, cited
MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35, cited
Pfennig v The Queen (1995) 182 CLR 461; [1995] HCA 7, cited
R v CAZ [2012] 1 Qd R 440; [2011] QCA 231, cited
R v DAT[2009] QCA 181, cited
R v K (No 2) [1998] 2 Qd R 510; [1996] QCA 514, considered
R v OL[2004] QCA 439, distinguished
R v TAB[2013] QCA 34, citedCOUNSEL:
P Mylne with N Tucker for the appellant
T Fuller for the respondentSOLICITORS:
McKays Solicitors for the appellant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The appellant was charged with one count of maintaining…
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- R v SCE [2014] QCA 48
- Case
- [2014] QCA 48
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CaseChat Overview and Summary
The court examined whether the prosecution was limited to proving habituality only through specific counts, and whether the guilty verdicts were inconsistent with the acquittals. It also assessed the appellant's contention that the jury may have misunderstood the proof regarding habituality and whether the trial judge should have directed the jury on the credibility of the complainant. The court further considered whether the contradictory nature of the complainant’s evidence precluded the jury from being satisfied beyond reasonable doubt on the counts for which the appellant was convicted, and whether the appellant had no case to answer on certain counts.
In dismissing the appeal, the court found that the evidence supported the verdicts, and the trial judge's directions were adequate. The court concluded that there was no miscarriage of justice, and the verdicts were consistent and reasonable. The court held that the appellant’s arguments did not undermine the jury’s decision, and thus, the appeal was dismissed.
The court made no further orders beyond dismissing the appeal.
Orders
Orders of the court
Appeal dismissed.
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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