R v M'Bie

[2017] QCA 40

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. › Uncorroborated evidence of complainant in sexual assault case
5. › Whether jury's advantage in seeing and hearing witnesses capable of resolving doubts
6. › Criminal Code (Qld), s 668E
1. Criminal Law
2. › Appeal and new trial
3. › Misdirection and non-direction
4. › Failure to direct on defence not raised at trial
5. › Whether trial judge should have directed on s 23 Criminal Code (Qld) defence of involuntary act
6. › Whether failure to seek redirection at trial precludes raising matter on appeal
1. Criminal Law
2. › Appeal and new trial
3. › Fresh evidence on appeal
4. › Whether evidence available at trial qualifies as fresh evidence
5. › Whether evidence could reasonably have led jury to return different verdict

Quick Take

Where a defence case is conducted on the basis that the alleged events did not occur, the trial judge is not required to direct on an alternative defence (such as involuntary act under s 23 Criminal Code (Qld)) that was not raised at trial, particularly where such a direction might have weakened the primary defence. The jury's advantage in seeing and hearing witnesses in sexual assault cases involving uncorroborated complainant evidence remains a critical factor in appellate review.