WA v The Queen

[2011] ACTCA 4

WA v THE QUEEN
[2011] ACTCA 4 (22 February 2011)

APPEAL – appeal against finding of guilt by jury – whether the jury verdict was unsafe and unsatisfactory – whether the jury should have entertained reasonable doubt – credibility of complainant –no significant weakness in complainant’s evidence – open to jury to be satisfied beyond reasonable doubt that the accused was guilty – appeal dismissed

M v R (1994) 181 CLR 487
R v Hillier (2007) 228 CLR 618
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) and others (1999) 160 ALR 588

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 21 of 2010
No. SCC 86 of 2009
Judges: Marshall J, Nield and Teague AJJ
Court of Appeal of the Australian Capital Territory

Date: 22 February 2011

IN THE SUPREME COURT OF THE       )
  )          No. ACTCA 21 of 2010
AUSTRALIAN CAPITAL TERRITORY  ) No. SCC 86 of 2009

COURT OF APPEAL  )          

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:WA

Appellant

AND:THE QUEEN

Respondent

ORDER

Judges:  Marshall J, Nield and Teague AJJ
Date:  22 February 2011
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is dismissed.

IN THE SUPREME COURT OF THE       )
  )          No. ACTCA 21 of 2010
AUSTRALIAN CAPITAL TERRITORY  ) No. SCC 86 of 2009

COURT OF APPEAL  )          

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:WA

Appellant

AND:THE QUEEN

Respondent

Judges:  Marshall J, Nield and Teague AJJ
Date:  22 February 2011
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. On 17 February 2011, we dismissed the appeal in this matter and ordered accordingly. What follows are our reasons for making that order.

1. The current appeal is one against a conviction for rape, where the focus at trial, and on the appeal, has been on the credibility of the complainant.  The jury returned a verdict of guilty, after hearing the evidence, which included that of the complainant, who was a young woman who claimed that she had been raped by the appellant.  He was her de facto father-in-law. 

1. The complainant had been in a de facto relationship with BR for almost eight years.  During that time, they had had three children.  The appellant was the father of BR..  On 22 December 2008 BR , who had been on remand, was due to appear in the Magistrates Court on an application for bail.  On that same day, the appellant was living in the flat of another son, WA in Red Hill.  The complainant wanted to do what she could to maximize the prospect of BR’s bail application succeeding.  However, she lacked the money to fund a trip to the Magistrates Court.  She telephoned the appellant to help her with money.  When he answered her call, she explained her position.   He told her that if she came by taxi to the Red Hill…