R v SCC

[2013] QCA 300

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Whether on the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt of the appellant's guilt
5. › Effect of credibility concerns on reliability of complainant's evidence
1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Inconsistent verdicts
5. › Whether acquittals on some counts inconsistent with convictions on other counts
6. › Whether there is a proper way the verdicts can be reconciled
7. › Whether there is a risk of possible injustice in the convictions
1. Criminal Law
2. › Sexual offences
3. › Evidence
4. › Complainant credibility
5. › Diaries and journals shown to have been created after police interviews
6. › Effect on reliability of complainant's evidence

Quick Take

Where a complainant's evidence on counts resulting in acquittal is equally convincing as evidence on counts resulting in conviction, and where there are additional credibility concerns (such as diary evidence shown to have been fabricated after police interviews), the combination may compel the conclusion that there is a risk of possible injustice in the convictions. The criminal standard of proof requires proof beyond reasonable doubt, not merely that the accused was probably guilty.

Case Details

Citation[2013] QCA 300

CourtQCA

JurisdictionQueensland

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Relies on5

2012R v TretheweySADC 137
2012Douglass v The QueenHCA 34
2002Mfa v RHCA 53
1994M v RHCA 63
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