SUPREME COURT OF QUEENSLAND
CITATION:
R v TAQ [2020] QCA 200
PARTIES:
R
v
TAQ
(appellant/applicant)FILE NO/S:
CA No 357 of 2019
DC No 605 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Townsville – Date of Conviction & Sentence: 28 November 2019 (Farr SC DCJ)
DELIVERED ON:
15 September 2020
DELIVERED AT:
Brisbane
HEARING DATE:
20 July 2020
JUDGES:
Holmes CJ and Philippides and Mullins JJA
ORDERS:
1. Appeal against conviction dismissed.
2. Grant application for leave to appeal against sentence.
3. Appeal against sentence allowed.
4. Fix the date on which the appellant is eligible for parole as 27 November 2022.
5. In all other respects, confirm the sentences imposed by the trial judge.
CATCHWORDS:
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – IN GENERAL – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES INVOLVING MISCARRIAGE – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – IMPROPER ADMISSION – where the appellant was found guilty by a jury of one count of rape, nine counts of common assault, one count of assault occasioning bodily harm, and four counts of assault occasioning bodily harm, while armed – where the prosecution led evidence from a witness that the appellant had said that he had raped the complainant and threatened her with violence unless he got sex – where the statement did not make reference to any particular circumstances of rape – where the primary judge concluded that the statement was not reasonably capable of being construed as an admission to the specific rape charged – whether the primary judge erred in admitting the statement into evidence as tendency evidence
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – JUDGE’S SUMMING UP – CONSIDERATION OF SUMMING UP AS A WHOLE – where the appellant was found guilty by a jury of one count of rape, nine counts of common assault, one count of assault occasioning bodily harm, and four counts of assault occasioning bodily harm, while armed – where the jury was not expressly directed not to reason from the evidence the appellant was violent to his partner that he would be more likely to have committed rape – where the primary judge had directed the jury to consider each count separately – where the primary judge structured the summing up to deal separately with specific directions for the offences of violence from the specific directions for the count of rape – whether there was a failure to direct the jury to avoid impermissible reasoning
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was found guilty by a jury of one count of rape, nine counts of common assault, one count of assault occasioning bodily harm, and four counts of assault occasioning bodily harm, while armed – where the appellant was…
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- AGLC
- R v Taq [2020] QCA 200
- Case
- [2020] QCA 200
- Decision Date
CaseChat Overview and Summary
The court had to address whether the primary judge erred in admitting the statement made by the appellant to Mr P, which the prosecution argued was an admission to the specific incident of rape charged. The appellant argued that the statement was not reasonably capable of being construed as an admission to the specific incident, and the court referred to R v Caulfield to determine admissibility. Additionally, the court had to consider whether there was a failure to direct the jury to avoid impermissible reasoning, particularly in the context of the jury being left to consider evidence of violence in relation to the rape charge. Finally, the court examined the sentencing decisions, focusing on the calculation of the non-parole period and the cumulative sentencing of certain offences.
The court found that the primary judge did not err in admitting the statement as it was reasonably capable of being construed as an admission. The court concluded that there was no failure to direct the jury to avoid impermissible reasoning, as the summing up was structured to deal separately with specific directions for the offences of violence from the specific directions for the count of rape. Regarding the sentence, the court held that the primary judge erred in the calculation of the non-parole period by not taking into account the non-declarable pre-sentence custody. Furthermore, the court found that the sentences for counts 8, 9, 11, 18 and 24 should be ordered to be served concurrently with the sentence for count 15. Consequently, the appeal against conviction was dismissed, leave to appeal against the sentence was granted, and the appeal against the sentence was allowed with modifications to the non-parole period and the ordering of sentences.
The final orders were that the appeal against conviction be dismissed, leave to appeal against the sentence be granted, the appeal against sentence be allowed with the non-parole period fixed to make the appellant eligible for parole on 27 November 2022, and in all other respects, the sentences imposed by the trial judge be confirmed.
Orders
Orders of the court
1. Appeal against conviction dismissed.
2. Grant application for leave to appeal against sentence.
3. Appeal against sentence allowed.
4. Fix the date on which the appellant is eligible for parole as 27 November 2022.
5. In all other respects, confirm the sentences imposed by the trial judge.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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