R v CDC

[2024] QCA 108

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Inconsistent verdicts
5. › Acquittal and conviction on different counts arising from same event but different complainants
6. › Whether verdict of guilty inconsistent with verdict of not guilty where complainant's evidence was that other complainant was not present
1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Whether guilty verdict unreasonable where jury acquitted on all other counts concerning same complainant
5. › Whether appellant's admissions and preliminary complaint evidence supported conviction on single count
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate
6. › Whether exceptional circumstances existed under s 9(4) of the Penalties and Sentences Act 1992 (Qld)
7. › Penalties and Sentences Act 1992 (Qld), s 9(4)

Quick Take

Where a complainant's evidence on one count is supported by the accused's own admissions and preliminary complaint evidence, a conviction on that count may be reconciled with acquittals on other counts concerning the same complainant.

Case Details

Citation[2024] QCA 108

CourtQCA

JurisdictionQueensland

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Relies on6

2022Dansie v The QueenHCA 25
2020R v PollardQCA 188
2020Pell v The QueenHCA 12
2012R v Tootell; ex parte A-G (Qld)QCA 273
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