SUPREME COURT OF QUEENSLAND
CITATION:
R v Sunderland [2020] QCA 156
PARTIES:
R
v
SUNDERLAND, Lee James
(appellant)FILE NO/S:
CA No 182 of 2019
DC No 352 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Rockhampton – Date of Conviction: 4 June 2019 (Burnett DCJ)
DELIVERED ON:
Date of Order: 20 February 2020
Date of Publication of Reasons: 24 July 2020DELIVERED AT:
Brisbane
HEARING DATE:
20 February 2020
JUDGES:
Sofronoff P and Morrison and Mullins JJA
ORDER:
Order made 20 February 2020:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL –VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – PARTICULAR GROUNDS OF APPEAL – INCONSISTENT VERDICTS – where a jury found the appellant guilty of one count of rape (count 2) – where the jury acquitted the appellant of one count of indecent assault of the same complainant (count 1) – where the complainant was 16 years’ old and was a family friend of the appellant – where the complainant regularly cleaned the appellant’s home – where the appellant’s hand began to rub the complainant between her legs in the area of her vagina (count 1) – where the complainant felt frozen and had made no overt verbal or physical protest against the appellant’s touching – where the complainant went to leave the appellant’s home and the appellant locked the door to prevent her from leaving – where the appellant encouraged the complainant to give him a massage – where the complainant massaged the appellant and the appellant then massaged the complainant – where the appellant digitally raped the complainant (count 2) – where the complainant made several statements to demonstrate that she was not giving her consent – where the appellant submits that there was no basis to differentiate between the verdicts –whether the verdicts are inconsistent – whether the jury ought to have acquitted on both counts – whether the inconsistent verdicts demonstrate that the conviction on count 2 was unreasonable and should be set aside
Criminal Code (Qld), s 245, s 348, s 349, s 351, s 352
Criminal Law Amendment Act 2000 (Qld)Alford v Magee (1952) 85 CLR 437; [1952] HCA 3, cited
Commonwealth v Tuck (1951) 82 A 2d 283, cited
R v FAV[2019] QCA 299, cited
R v Case (1850) 169 ER 381; [1850] EngR 99, cited
R v Day (1841) 173 ER 1026; [1841] EngR 86, considered
R v Makary [2019] 2 Qd R 528; [2018] QCA 258, explained
R v Shaw [1996] 1 Qd R 641; [1995] QCA 45, considered
R v Sutton (2008) 187 A Crim R 231; [2008] QCA 249, cited
R v Wollaston (1872) 12 Cox CC 180, consideredCOUNSEL:
A Hoare, with T Morgans, for the appellant
P J McCarthy QC for the respondentSOLICITORS:
McGowran & Cagney Lawyers for the appellant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: A jury found the appellant…
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- AGLC
- R v Sunderland [2020] QCA 156
- Case
- [2020] QCA 156
- Decision Date
CaseChat Overview and Summary
The court considered the appellant's arguments and examined the evidence presented to the jury. The court found that the jury was entitled to accept the complainant's evidence that she did not consent to the appellant's touching, and that her freezing was a natural reaction to the situation. The court also found that the jury was entitled to accept that the complainant's lack of protest did not necessarily mean that she consented to the appellant's actions. The court held that the jury's verdicts were not inconsistent, as the jury could have reasonably found that the appellant was guilty of rape but not guilty of indecent assault based on the evidence presented. The court found that the jury's verdict on count 2 was not unreasonable or insupportable when considering the evidence.
The appeal was dismissed, and the appellant's conviction on count 2 of rape was upheld. The court held that the jury's verdicts were not inconsistent and that the jury was entitled to accept the complainant's evidence. The court found that the appellant's submission that the jury should have acquitted him on both counts was not supported by the evidence. The court held that the conviction on count 2 was not unreasonable or insupportable when considering the evidence, and that the appeal should be dismissed. The court made an order dismissing the appeal on 20 February 2020.
Orders
Orders of the court
Order made 20 February 2020:
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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