R v WCC

[2024] QCA 88

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Misdirection or non-direction
5. › Liberato direction
6. › Pre-text telephone call containing accused's account
7. › Whether failure to direct jury that acquittal required if accused's account might be true gave rise to real risk of misapprehension as to onus of proof
8. › Whether miscarriage of justice occurred
1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Inconsistent verdicts
5. › Acquittal on one count and conviction on others in sexual offence trial
6. › Whether qualitative difference in evidence between counts
7. › Whether verdicts irrational
1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Sexual offence
5. › Complainant heavily intoxicated
6. › Whether description of act of penetration inadequate and lacking in probative force
7. › Whether jury acting rationally ought to have entertained reasonable doubt

Quick Take

Liberato-style directions must be sought in respect of all evidence containing the accused's version of events, including pre-text telephone calls and admissions to third parties, not merely sworn testimony given by defence witnesses.

Case Details

Citation[2024] QCA 88

CourtQCA

JurisdictionQueensland

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Relies on10

2022Dansie v The QueenHCA 25
2021R v MillerQCA 126
2020R v PollardQCA 188
2020Pell v The QueenHCA 12
and 6 more after sign-in

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