Shannon Robert Dunrobin v The Queen

[2014] HCASL 40

SHANNON ROBERT DUNROBIN

v

THE QUEEN

[2014] HCASL 40
B42/2013

1. On 16 September 2011, following a trial by jury in the Supreme Court of Queensland, the applicant was convicted of five counts of rape and one count of assault occasioning bodily harm.  Following an unsuccessful appeal to the Court of Appeal of the Supreme Court of Queensland, the applicant sought special leave to appeal to this Court.  On 15 February 2013, this Court granted special leave and allowed the appeal, quashing one conviction and ordering that a verdict of acquittal be entered in respect of that count.  The remaining convictions were remitted to the Court of Appeal.

2. On 12 July 2013, the Court of Appeal (Muir and Gotterson JJA and Boddice J) set aside the remaining convictions and ordered a retrial in respect of those counts. Boddice J, with whom Muir and Gotterson JJA agreed, held that the trial judge had inadequately directed the jury in relation to the defence available under s 24 of the Criminal Code 1899 (Q). However, his Honour did not find that the remaining verdicts were unreasonable and considered it unnecessary to address the applicant's contention that the trial miscarried as a result of the admission of evidence about consent and the complainant's other sexual relationships. His Honour held that the admissibility of that evidence would be a matter for the judge hearing the new trial.

3. The applicant contends that the Court of Appeal erred in dismissing the unreasonableness ground without first determining the admissibility issue.  The respondent submits that the Court of Appeal's conclusion as to the reasonableness of the jury's verdict did not depend on the admissibility of the impugned evidence.

4. The application for special leave to appeal to this Court raises matters of established principle regarding the requirement that intermediate courts consider each ground of appeal.  The applicant enjoys insufficient prospects of success and the interests of the administration of justice are not engaged.  Special leave is refused.

5. Pursuant to r 41.11.1, we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
6 March 2014 P.A. Keane