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R v SCG [2014] QCA 118 (14/0037) Gotterson and Morrison JJA and Jackson J 27/05/2014

Full-text: QCA14-118.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – NON-DIRECTION – where the appellant was charged with five counts of indecent dealing with a child under 16 years – where after a trial the jury were unable to agree on count 1, returned majority guilty verdicts on counts 2, 3 and 5 and returned a unanimous guilty verdict on count 4 – where the complainant gave evidence by way of s 21AK and s 93A of the Evidence Act 1977 (Qld) – where during deliberations the jury requested and was allowed by the learned primary judge to watch the entirety of the complainant’s evidence again – where the learned primary judge neither reminded the jury of the appellant’s evidence nor warned the jury not to give undue weight to the complainant’s evidence having watched it again – whether there was a miscarriage of justice