R v Waf & SBN

[2009] QCA 144

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction
3. › Locality of crime
4. › Territorial jurisdiction
5. › Proof that offence occurred within the State
6. › Standard of proof — balance of probabilities
7. › Whether evidence sufficient to sustain finding that offences occurred in Queensland
8. › Criminal Code 1899 (Qld), s 12
1. Criminal Law
2. › Procedure
3. › Plea to jurisdiction
4. › Whether accused required to plead to jurisdiction when arraigned
5. › Whether locality may be raised under plea of not guilty
6. › Criminal Code 1899 (Qld), ss 598(2)(g), 603
1. Criminal Law
2. › Appeal and new trial
3. › Misdirection
4. › Weissensteiner direction
5. › Whether proper to direct jury on accused's failure to give evidence on question of locality
6. › Whether direction filled gap in prosecution evidence
1. Criminal Law
2. › Appeal and new trial
3. › Improper admission of evidence
4. › Late production of computer evidence
5. › Whether late admission prejudiced right to fair trial
6. › Whether miscarriage of justice resulted

Quick Take

An accused person is entitled to raise the question of territorial jurisdiction as part of a plea of not guilty and is not required to plead to the jurisdiction under s 598(2)(g) of the Criminal Code. Where the prosecution fails to prove on the balance of probabilities that an offence occurred within Queensland, the conviction must be set aside and no retrial ordered. Each act relied upon to satisfy s 229B(2) of the Criminal Code (maintaining a sexual relationship with a child) must itself constitute an offence within Queensland; acts occurring outside Queensland cannot satisfy the statutory requirement. Late production of prosecution evidence not opened or referred to at the commencement of trial may cause a miscarriage of justice requiring all convictions to be set aside.