Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT ¬– PARTICULAR CASES ¬– WHERE APPEAL ALLOWED – where the appellant was convicted on four counts of indecent treatment of a child D and another count of indecent treatment of a different child J – where the jury could not reach a verdict on the charge concerning J but convicted the appellant on each of the counts concerning D – whether the trial judge failed to direct the jury in terms of s 21AW(2) of the Evidence Act 1977 (Qld)

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – POWER TO DISMISS APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES INVOLVING MISCARRIAGE – MISDIRECTION AND NON-DIRECTION – where the trial judge committed an error of law in not giving directions as required by the Evidence Act 1977 (Qld) s 21AW(2) – whether proviso of “no substantial miscarriage of justice occurred” operated

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT ¬– PARTICULAR CASES ¬– WHERE APPEAL ALLOWED – whether the trial judge failed to adequately direct the jury that the evidence by one complainant was inadmissible in proof of the charge or charges relating to the other complainant

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS ¬– MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT – PARTICULAR CASES – WHERE APPEAL ALLOWED – where jury was not given instruction on the use that could or could not be made of one complainant’s evidence in the case involving the other complainant – whether the trial judge committed an error of law in failing to warn the jury against the dangers of propensity reasoning

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT – PARTICULAR CASES – WHERE APPEAL ALLOWED – where the jury asked a question of the trial judge as to whether evidence or statements made by the complainants to police held equal weight with their testimony under oath – whether the trial judge failed to adequately direct the jury in terms of s 102 of the Evidence Act 1977 (Qld)