SUPREME COURT OF QUEENSLAND
CITATION: R v Taiters [2001] QCA 324 PARTIES: R
v
TAITERS, Jason Lyall
(applicant/appellant)FILE NO/S: CA No 380 of 2000
DC No 505 of 2000DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction and Sentence ORIGINATING COURT: District Court at Townsville
DELIVERED ON: 10 August 2001 DELIVERED AT: Brisbane HEARING DATE: 26 July 2001 JUDGES: McMurdo P, Davies JA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.ORDER: 1.Appeal against conviction dismissed.
2.(a)Application for leave to appeal against sentence granted.
(b)Appeal allowed.
(c)Set aside the sentences of 10 years imprisonment and substitute sentences of eight years imprisonment for rape, four years imprisonment for indecent assault with a circumstance of aggravation and three years imprisonment for each of the other offences of indecent assault.
(d)Declare that 419 days between 19 October 1999 and 11 December 2000 be time served under the sentences.
CATCHWORDS: CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION - GENERAL MATTERS - CONSIDERATION OF SUMMING UP AS A WHOLE - whether summing up lacked judicial balance and fairness - trial judge in summing up spent more time on complainant's evidence than on appellant's - evidence central to the alleged offences came mostly from the complainant - whether summing up should have included references to defence contention that complainant had a motive to fabricate a case against appellant
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION - GENERAL MATTERS - EXPRESSION OF JUDGE'S OWN OPINION - GENERALLY - where opinion was not expressed in strong terms - where earlier direction that jury was not bound by what trial judge said on the facts
CRIMINAL LAW - JURISDICTION PRACTICE AND PROCEDURE - WITNESSES - CROSS-EXAMINATION - GENERALLY - whether prosecutor's cross-examination of the appellant was inflammatory and prejudicial
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES - whether evidence of two witnesses improperly excluded
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN GRANTED - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - where sentence 10 years imprisonment imposed - where sentencing judge erred in failing to consider the effect on the sentence of Part 9A of the Penalties and Sentences Act 1992
Penalties and Sentences Act 1992 (Qld), Part 9A
B v The Queen (1992) 175 CLR 599, applied
Palmer v The Queen (1998) 193 CLR 1, distinguished
R v Lock [2001] QCA 84; CA No 151 of 2000, 13 March 2001, applied
R v Mogg (2000) 112 ACrimR 417, applied
RPS v The Queen
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- AGLC
- R v Taiters [2001] QCA 324
- Case
- [2001] QCA 324
- Decision Date
CaseChat Overview and Summary
The court examined the summing up and found that while the trial judge spent more time discussing the complainant's evidence, this did not necessarily render the summing up unfair or unbalanced. The judge had previously directed the jury that they were not bound by the judge’s opinions on the facts, mitigating any potential prejudice. The court also determined that the prosecutor’s cross-examination did not reach the level of being inflammatory or prejudicial. Regarding the exclusion of evidence, the court found no error in the trial judge's decisions. However, concerning the sentence, the court found that the sentencing judge had failed to consider the effect of Part 9A of the Penalties and Sentences Act 1992, which necessitated a review of the sentence.
The appeal against conviction was dismissed. However, the application for leave to appeal against the sentence was granted, and the appeal was allowed. The sentences were set aside, and new sentences were imposed: eight years imprisonment for rape, four years for indecent assault with a circumstance of aggravation, and three years for each of the other offences of indecent assault. The court also declared that 419 days already served by the appellant should count towards the new sentences.
Orders
Orders of the court
1.Appeal against conviction dismissed.
2.(a)Application for leave to appeal against sentence granted.
(b)Appeal allowed.
(c)Set aside the sentences of 10 years imprisonment and substitute sentences of eight years imprisonment for rape, four years imprisonment for indecent assault with a circumstance of aggravation and three years imprisonment for each of the other offences of indecent assault.
(d)Declare that 419 days between 19 October 1999 and 11 December 2000 be time served under the sentences.
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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