SUPREME COURT OF QUEENSLAND
CITATION:
R v Young [2017] QCA 207
PARTIES:
R
v
YOUNG, Tye Cameron
(appellant)FILE NO/S:
CA No 266 of 2016
DC No 1209 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 31 August 2016 (Wall QC DCJ)
DELIVERED ON:
19 September 2017
DELIVERED AT:
Brisbane
HEARING DATE:
8 March 2017
JUDGES:
Fraser and Morrison JJA and Boddice J
ORDER:
The appeal be dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – INCONSISTENCY BETWEEN FINDINGS OF JURY – where the appellant was found guilty of three counts of indecent treatment of a child under 16 – where the appellant was found not-guilty of one count of rape – where the appellant appeals his convictions on the grounds that there has been a miscarriage of justice arising out of inconsistency between the verdicts of guilty relating to the counts of indecent treatment of a child under 16 and his acquittal in relation to the count of rape – whether there is a logical rational basis for the jury having found the appellant guilty of each of the counts of indecent treatment of a child under 16, but not guilty of the count of rape
Criminal Code (Qld), s 93A
R v GAW[2015] QCA 166, cited
COUNSEL:
M A Green for the appellant
T A Fuller QC for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Boddice J and the order proposed by his Honour.
MORRISON JA: I have read the reasons of Boddice J and agree with those reasons and the order his Honour proposes.
BODDICE J: On 30 August 2016, the appellant pleaded not guilty to three counts of indecent treatment of a child under 16 years and one count of rape. All counts related to the one female complainant.
On 31 August 2016, a jury found the appellant guilty of three counts of indecent treatment of a child under 16 years and not guilty of the count of rape.
The appellant appeals his conviction of the counts of indecent treatment of a child under 16 years. The sole ground of appeal is that there has been a miscarriage of justice because the verdicts of guilty are inconsistent with a verdict of acquittal on the count of rape.
Background
The indecent treatment offences were all committed on 9 April 2005. The alleged rape was committed on 17 April 2005. On both occasions the complainant was living with her family at a residence in Narangba. The appellant was also living there. He left that residence on 21 April 2005.
The appellant was born on 25 November 1983. He was aged 21 at the time he committed the offences. The complainant was born on 9 February 1991. She was aged 14 years at the time of the offences.
The…
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- AGLC
- R v Young [2017] QCA 207
- Case
- [2017] QCA 207
- Decision Date
CaseChat Overview and Summary
The legal issue before the court is whether the jury's verdicts are internally consistent and whether there is a rational basis for finding the appellant guilty of the indecent treatment offences but not guilty of the rape. The court must consider the elements of the offences and the evidence, particularly the complainant's testimony, to assess if the jury's decision can be justified. The court found that the jury accepted the complainant's account of the indecent treatment acts but were not satisfied beyond reasonable doubt regarding the absence of consent in the alleged rape. The court held that there is a logical, rational basis for the jury's decision, as the element of consent distinguishes the rape charge from the indecent treatment charges. The jury's verdicts, therefore, do not indicate a compromise or confusion in their duty.
In conclusion, the court found that the jury's verdicts are not inconsistent and are based on a rational assessment of the evidence. The court dismissed the appeal, upholding the jury's decision. The court's order was that the appeal be dismissed.
Orders
Orders of the court
The appeal be dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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