UQ v The Queen
Case
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[2019] ACTCA 23
•12 September 2019
Details
AGLC
Case
Decision Date
UQ v The Queen [2019] ACTCA 23
[2019] ACTCA 23
12 September 2019
CaseChat Overview and Summary
The appeal concerned a conviction for multiple sexual offences involving several complainants. The appellant, UQ, sought to appeal against this conviction. The appeal was heard by Murrell CJ, Burns and Wigney JJ.
The central legal issues before the Court of Appeal were whether the prosecution had improperly invited the jury to speculate about the complainants' motives to lie, and whether the trial judge had failed to provide an adequate direction to the jury regarding the onus of proof in relation to any alleged motive to lie. The Court was also required to consider whether these issues, if established, amounted to a substantial miscarriage of justice.
The Court of Appeal considered the cross-examination of the complainants regarding their alleged motives to lie and the directions given by the trial judge. After reviewing the evidence and submissions, the Court concluded that there was no substantial miscarriage of justice. Leave to appeal was granted, but the appeal itself was dismissed.
The central legal issues before the Court of Appeal were whether the prosecution had improperly invited the jury to speculate about the complainants' motives to lie, and whether the trial judge had failed to provide an adequate direction to the jury regarding the onus of proof in relation to any alleged motive to lie. The Court was also required to consider whether these issues, if established, amounted to a substantial miscarriage of justice.
The Court of Appeal considered the cross-examination of the complainants regarding their alleged motives to lie and the directions given by the trial judge. After reviewing the evidence and submissions, the Court concluded that there was no substantial miscarriage of justice. Leave to appeal was granted, but the appeal itself was dismissed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
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Statutory Interpretation
Legal Concepts
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Appeal
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Charge
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Intention
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Natural Justice
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Procedural Fairness
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Sentencing
Actions
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Citations
UQ v The Queen [2019] ACTCA 23
Most Recent Citation
Director of Public Prosecutions v Matas [2024] ACTSC 234
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Statutory Material Cited
1
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[2018] ACTCA 11
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[2014] ACTCA 11
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