Court of Appeal

R v KAP [2016] QCA 349 (16/69) Morrison and Philip McMurdo JJA and Mullins J 23 December 2016

Full-text: QCA16-349.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where the appellant was convicted, by jury trial, of one count of rape – where the appellant and the complainant had been married for two years, but were separated at the time of the incident – where the sexual intercourse took place in contested circumstances, with the prosecution alleging the complainant was raped whilst being forcibly held down by the appellant and threatened, and defence alleging that the intercourse was consensual and initiated by the complainant – where the prosecution adduced evidence from a medical expert witness, who gave evidence as to the frequency of genital injury in sexual assault cases – where the appellant contends that this was prejudicial and should not have been adduced as part of the prosecution case – whether the expert evidence as to frequency of genital injury should not have been adduced

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISIDRECTION AND NON-DIRECTION – EFFECT OF MISDIRECTION OR NON-DIRECTION – where the appellant contends that the evidence given by the medical expert witness should have been the subject of a direction to the jury in the learned trial judge’s summing up – whether the learned trial judge erred in not giving a direction to the jury about the use of the expert witness’s evidence