SUPREME COURT OF QUEENSLAND
CITATION: R v TN [2005] QCA 160 PARTIES: R
v
TN
(appellant)FILE NOS: CA No 230 of 2004
DC No 30 of 2004DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction ORIGINATING
COURT:District Court at Gladstone DELIVERED ON: 13 May 2005 DELIVERED AT: Brisbane HEARING DATE: 11 April 2005 JUDGES: Williams and Keane JJA and Helman J
Separate reasons for judgment of each member of the Court,
each concurring as to the order madeORDER: Appeal against conviction dismissed CATCHWORDS:
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - CONDUCT OF LEGAL PRACTITIONERS - where defence counsel alleged to have not pursued all available avenues of pre-trial disclosure - where defence counsel alleged to have not taken a proof of evidence from the appellant and of other available witnesses - where defence counsel elected not to call the appellant to give evidence - where defence counsel did not seek an adjournment or mistrial as a result of a change in Crown evidence - where defence counsel did not ask for redirections - whether there had been a miscarriage of justice on the ground that this conduct was not reasonably explicable
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION - WHERE GROUNDS FOR INTERFERENCE WITH VERDICT - PARTICULAR CASES - WHERE APPEAL DISMISSED - where jury convicted the appellant on multiple counts of indecent treatment of a child under 16 but were unable to agree on two counts of rape and one other of indecent treatment of a child under 16 - whether in the circumstances the trial judge gave adequate directions to the jury regarding the complainant's evidence; the significance of the appellant's failure to give evidence; statements required to be made by the judge under the Evidence Act 1977 (Qld) s 21AW; the appropriate standard of proof in relation to uncharged acts; and the relevance of evidence led in support of one count to the determination of guilt on any other count
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - POWER TO DISMISS APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - PARTICULAR MATTERS - where the trial judge committed an error of law in not giving directions as required by the Evidence Act 1977 (Qld) s 21AW(2) - whether notwithstanding that error of law no substantial miscarriage of justice occurred
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - UNREASONABLE OR INSUPPORTABLE VERDICT - WHERE APPEAL DISMISSED - where jury convicted the appellant on multiple counts of indecent treatment of a child under 16 but were unable to agree on two counts of rape and one other of indecent treatment of a child under 16 - whether verdicts were inconsistent
Criminal Code 1899…
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- AGLC
- R v TN [2005] QCA 160
- Case
- [2005] QCA 160
- Decision Date
CaseChat Overview and Summary
The court found that the jury had performed their functions correctly by accepting some of the complainant's evidence while rejecting other parts. The evidence provided, including photographs and witness statements, supported the jury's conclusion. The court held that the appellant's contention of a miscarriage of justice was not substantiated. The court was satisfied that the defence counsel's decisions were reasonably explicable and did not amount to a miscarriage of justice. Therefore, the appeal was dismissed. The reasoning was that the jury had exercised its discretion appropriately, and the defence counsel's actions did not prejudice the appellant's right to a fair trial.
The final orders of the court were to dismiss the appeal against conviction. The appeal was rejected on the basis that no miscarriage of justice had occurred, and the appellant's contentions were not substantiated by the evidence or the law. The court concluded that the trial had been conducted fairly and that the jury's verdict was supported by the evidence presented.
Orders
Orders of the court
Appeal against conviction dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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