SUPREME COURT OF QUEENSLAND
CITATION:
R v SDU [2022] QCA 176
PARTIES:
R
v
SDU
(appellant)FILE NO/S:
CA No 201 of 2021
DC No 280 of 2020DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Mackay – Date of Conviction: 22 July 2021 (Dick SC DCJ)
DELIVERED ON:
16 September 2022
DELIVERED AT:
Brisbane
HEARING DATE:
19 July 2022
JUDGES:
Bond JA and North and Henry JJ
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON-DIRECTION – GENERAL PRINCIPLES – where the appellant was convicted on two counts of rape of his daughter by a jury – where the appellant participated in a police interview – where the appellant denied any sexual touching of his daughter at the interview – where the Crown Prosecutor submitted in closing address that the appellant was not sincere at the interview and that his denials should be rejected – whether there was a risk that the jury could have inferred guilt from lies from answers relevant only to the credit of the appellant’s account – whether a direction should have been given
CRIMINAL LAW – APPEAL AND NEW TRIAL – OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON-DIRECTION – GENERAL PRINCIPLES – where the complainant described background relationship evidence during police interviews – whether that evidence included reference to uncharged acts – where no direction was sought by counsel re uncharged acts – whether a direction re uncharged acts should have been given – whether it is reasonably possible the failure to direct the jury may have affected the verdict
Evidence Act 1977 (Qld), s 132B(2)
Dhanhoa v The Queen (2003) 217 CLR 1; [2003] HCA 40, cited
Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63, cited
GBF v The Queen (2020) 94 ALJR 1037; (2020) 384 ALR 569; [2020] HCA 40, cited
Hamilton (a pseudonym) v The Queen (2021) 95 ALJR 894; (2021) 394 ALR 194; [2021] HCA 33, cited
HML v The Queen (2008) 235 CLR 334; [2008] HCA 16, cited
R v ABD[2019] QCA 72, cited
Roach v The Queen (2011) 242 CLR 610; [2011] HCA 12, cited
Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28, citedCOUNSEL:
R G Logan for the appellant
P J McCarthy QC, with C M Georgouras, for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
BOND JA: I agree with the reasons for judgment of Henry J and with the order proposed by his Honour.
NORTH J: I agree with the reasons of Henry J and that the appeal be dismissed.
HENRY J: The appellant appeals his rape convictions on grounds that the learned trial judge failed to direct the jury about lies and uncharged acts.
No…
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- AGLC
- R v Sdu [2022] QCA 176
- Case
- [2022] QCA 176
- Decision Date
CaseChat Overview and Summary
The court found that the appellant had not established a miscarriage of justice. The court found that the appellant necessarily argued the directions were needed to avoid misuse of evidence in circumstances where that risk was remote. The court held that the Crown Prosecutor’s closing address did not suggest that the jury could infer guilt from lies from answers relevant only to the credit of the appellant’s account. The court found that the complainant's description of background relationship evidence during police interviews did not include reference to uncharged acts. The court held that the failure to direct the jury on uncharged acts was not reasonably possible to have affected the verdict.
The appeal was dismissed.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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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