R v CCM

[2019] QCA 301

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. › Complainant evidence in sexual offence case
5. › Whether on the whole of the evidence it was open to the jury to conclude beyond reasonable doubt that the appellant was guilty
6. › Quality and sufficiency of evidence
7. › Credibility of complainant who sought resumption of relationship after alleged rapes
1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Inconsistent verdicts
5. › Convictions on some counts and acquittals on others on same indictment
6. › Whether differing verdicts reconcilable
7. › Test of logic and reasonableness
8. › Whether jury may have held reasonable doubt on some counts but not others

Quick Take

Differing verdicts on multiple counts of rape on the same indictment are reconcilable where the complainant's evidence on the element of consent was less compelling for the counts of acquittal than for the counts of conviction. A complainant's post-separation attempts to resume a relationship with the alleged offender do not render guilty verdicts on rape charges unreasonable, given the recognised complexity of responses to domestic abuse.

Case Details

Citation[2019] QCA 301

CourtQCA

JurisdictionQueensland

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Relies on6

2017GAX v The QueenHCA 25
2011Plaintiff M13/2011 v Minister for Immigration and CitizenshipHCA 23
2011SKA v The QueenHCA 13
2002Mfa v RHCA 53
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