SUPREME COURT OF QUEENSLAND
CITATION:
R v WBH [2019] QCA 249
PARTIES:
R
v
WBH
(appellant/applicant)FILE NO/S:
CA No 149 of 2018
DC No 816 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 24 May 2018; Date of Sentence: 25 May 2018 (McGill SC DCJ)
DELIVERED ON:
15 November 2019
DELIVERED AT:
Brisbane
HEARING DATE:
31 July 2019
JUDGES:
Morrison and McMurdo JJA and Applegarth J
ORDERS:
1. Appeal against conviction dismissed.
2. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE – MISDIRECTION AND NON-DIRECTION – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – INDECENT ASSAULT AND RELATED OFFENCES – INDECENT – where the appellant was convicted after a trial on one count of indecent treatment of a child under 16 – where the appellant was sentenced to three and a-half years’ imprisonment with parole eligibility set at 28 April 2019, after serving about 11 months – where the appellant challenges his conviction on a number of grounds – where it is contended that the verdict was unreasonable or cannot be supported having regard to the evidence – where it is contended that the learned trial judge erred in various ways, causing a miscarriage of justice – where the appellant submits that the learned trial judge erred by commenting to the jury about the evidence of the appellant’s sister and mother in a way that suggested that their evidence was less reliable than other witnesses who testified at the trial – where it is contended that the learned trial judge erred in failing to warn the jury against the danger of improperly using generalised evidence of sexual misconduct to conclude that the appellant was likely to be guilty of the charged offence – where it is contended that the trial judge erred in the admission of the appellant’s response to the accusation of his wife as evidence – where it is submitted that the learned trial judge erred by failing to direct the jury in accordance with the principles derived from Robinson v The Queen – where it is contended that there was a failure to direct the jury adequately regarding the appellant’s response to the accusations of his wife – where it is submitted that the time of the offence was material fact to be proved beyond reasonable doubt – whether there has been a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant seeks to challenge the sentence which was imposed upon him – where the appellant seeks to challenge his sentence on two bases – where it is contended that the sentence imposed was…
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- AGLC
- R v WBH [2019] QCA 249
- Case
- [2019] QCA 249
- Decision Date
CaseChat Overview and Summary
The court examined each of these arguments in turn. Regarding the comments about the evidence of the appellant's sister and mother, the trial judge had explained the role of the prosecutor in calling witnesses, including those whose evidence might be inconsistent with the Crown's case. The judge's comments did not suggest that the evidence was suspect, but rather that it was part of the prosecutor's duty to present a complete narrative. The court found that the judge's remarks were not prejudicial and did not undermine the reliability of the evidence. Additionally, the court found no error in the judge's failure to warn against the use of generalised evidence of sexual misconduct or in the admission of the appellant’s response to his wife’s accusations. The court concluded that the judge's directions to the jury were adequate.
The appellant also challenged the sentence, arguing it was manifestly excessive and that the principle of totality was not properly applied. The appellant's criminal history included previous offences of a sexual nature, and the victim impact statements highlighted the severe psychological and emotional damage caused by his actions. The court considered the totality of the offending and the appellant's criminal history, and found that the sentence was neither manifestly excessive nor did it misapply the principle of totality. The court held that the sentence was appropriate given the circumstances.
The court dismissed the appeal against the conviction and refused the application for leave to appeal against the sentence. Consequently, the conviction and sentence stand as imposed by the trial judge.
Orders
Orders of the court
1. Appeal against conviction dismissed.
2. Application for leave to appeal against sentence refused.
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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