Court of Appeal

R v McPartland [2017] QCA 035 (16/225) Margaret McMurdo P and Morrison JA and Ann Lyons J 17 March 2017

Full-text: QCA17-035.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted by majority verdict of one count of rape as a domestic violence offence – where the appellant contends that the guilty verdict is “unsafe and unsatisfactory” 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 – MISCARRIAGE OF JUSTICE – GENERALLY – where the appellant was convicted by majority verdict of one count of rape as a domestic violence offence – where the evidence at trial made clear to the jury that the appellant had been in prison for a lengthy period prior to the commission of the alleged offence – where the appellant contends that a miscarriage of justice occurred when the trial judge wrongly admitted evidence of his prior imprisonment and because of the failure of defence counsel at trial to object to it – where the judge directed the jury to ignore the fact that the appellant had been in prison – where the appellant contends that no direction was capable of curing the extraordinary prejudice created by that evidence – where the appellant contends there was no explicable forensic reason for defence counsel’s decision not to object to that evidence – whether there is reason to consider the jury did not follow the directions of the trial judge – whether defence counsel’s decision was objectively rational – whether a substantial miscarriage of justice has occurred