Court of Appeal

R v VJ [2017] QCA 026 (16/100) Margaret McMurdo P and Gotterson JA and McMeekin J 9 March 2017

Full-text: QCA17-026.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted by jury of one count of maintaining a sexual relationship with a child and of other child sex offences – where the appellant contends that there were inconsistencies between the evidence of the complainant and of other witnesses such that the jury should have harboured doubt as to her credibility – where the appellant submits that the guilty verdicts are “unsafe and unsound” and cannot be supported having regard to the evidence – whether a verdict of guilty was reasonably open to the jury on the whole of the evidence

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – OTHER CASES – where the appellant was convicted by jury of one count of maintaining a sexual relationship with a child and of other child sex offences – where the trial judge admitted oral evidence regarding the content of a missing audio recording of a conversation between the appellant and the complainant – where the appellant contends that the trial judge erred in admitting that evidence as its the probative value was outweighed by its prejudicial effect – whether the trial judge erred in admitting oral evidence of the missing recording