UQ v The Queen

Case

[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.
Details

Areas of Law

  • Criminal Law

  • Evidence

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Charge

  • Intention

  • Natural Justice

  • Procedural Fairness

  • Sentencing

Actions
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Cases Citing This Decision

6

Incandela v The Queen [2023] ACTCA 41
Marshall v The King [2023] ACTCA 11
Warne v The King [2023] ACTCA 1
Cases Cited

11

Statutory Material Cited

1

BI v The Queen (No 2) [2018] ACTCA 11
Munro v The Queen [2014] ACTCA 11
Greenhalgh v R [2017] NSWCCA 94