R v W

[1996] QCA 246

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Unsafe and unsatisfactory verdict
5. › Whether on the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt of the appellant's guilt
6. › Reliability of complainant's evidence
7. › Faulty recollection and inconsistent statements at committal and trial
1. Evidence
2. › Children's evidence
3. › Audio recording of police interview
4. › Statements admitted under s 93A Evidence Act 1977 (Qld)
5. › Whether proof of statements admitted under s 93A can support conviction irrespective of unreliability of complainant's testimony at trial
6. › Weight to be assessed under s 102 Evidence Act 1977 (Qld)
7. › Evidence Act 1977 (Qld), ss 93A, 102
1. Criminal Law
2. › Sexual offences
3. › Indecent dealing with child under 12
4. › Maintaining unlawful sexual relationship
5. › Child complainant
6. › Complainant called as witness but giving no evidence-in-chief beyond confirming police interview

Quick Take

Statements admitted under s 93A of the Evidence Act 1977 (Qld) can support a conviction for sexual offences against a child even where the complainant's testimony at trial is unreliable due to faulty recollection and inconsistencies, provided the jury assesses the weight of such statements in accordance with s 102. However, Pincus JA's reservations suggest the scope of this proposition may be narrower than the majority's formulation implies.