SUPREME COURT OF QUEENSLAND
CITATION:
R v UB [2007] QCA 374
PARTIES:
R
v
UB
(appellant)FILE NO/S:
CA No 174 of 2007
DC No 154 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
Orders delivered ex tempore on 23 October 2007
Reasons delivered on 2 November 2007DELIVERED AT:
Brisbane
HEARING DATE:
23 October 2007
JUDGES:
Williams and Keane JJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeCATCHWORDS:
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 – where the appellant was charged with one count of maintaining an unlawful sexual relationship with a child under 16 with a circumstance of aggravation, six counts of indecent treatment of a child under 12 in care, one count of rape and two counts of indecent treatment of a child under 16 in care – where the appellant was found guilty by a jury of all counts – where general evidence given by the complainant at trial of sexual offending on a regular basis by the appellant was admitted as evidence of uncharged acts – where the trial judge in summing up did not include in directions to the jury any warning against propensity reasoning in relation to the evidence of the uncharged acts – where the trial judge directed the jury that if they had a doubt about the specific offences then they should only convict the accused on the basis of the uncharged acts – whether the trial judge’s directions to the jury as to the permissible use of the evidence of the uncharged acts were inadequate and wrong in law
Evidence Act 1977 (Qld), s 93A
KRM v R (2001) 206 CLR 221, considered
R v WO[2006] QCA 21; CA No 224 of 2005, 10 February 2006, consideredCOUNSEL:
S J Hamlyn-Harris for the appellant
B G Campbell for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
WILLIAMS JA: I agree with the reasons of Philippides J.
KEANE JA: I agree with Philippides J.
PHILIPPIDES J: On 30 July 2007 the appellant was convicted after a trial by jury of one count of maintaining an unlawful sexual relationship with a child under 16 with a circumstance of aggravation (count 1), six counts of indecent treatment of a child under 12 in care (counts 2, 3, 4, 5, 6 and 8), one count of rape (count 7) and two counts of indecent treatment of a child under 16 in care (counts 9 and 10). On the charge of maintaining an unlawful relationship which related to the period from 15 June 1997 to 25 March 2005, the appellant was sentenced to six years’ imprisonment. On the count of rape, he was…
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- AGLC
- R v UB [2007] QCA 374
- Case
- [2007] QCA 374
- Decision Date
CaseChat Overview and Summary
The court held that the trial judge's directions to the jury were indeed inadequate and wrong in law. The judge failed to include any warning against propensity reasoning regarding the evidence of the uncharged acts. Furthermore, the judge's direction that if the jury had any doubt about the specific offences, they should convict the appellant based on the uncharged acts, was problematic. This direction risked leading the jury to convict the appellant on the basis of the uncharged acts rather than the charged offences. The court found that these errors could have materially affected the outcome of the trial. As a result, the court concluded that the directions to the jury were inadequate and led to a miscarriage of justice. The appeal was allowed, and the convictions were quashed.
Orders
Orders of the court
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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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