Court of Appeal

R v MCJ [2017] QCA 011 (16/63) Margaret McMurdo P and Gotterson JA and Henry J 10 February 2017

Full-text: QCA17-011.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 on a 13 count indictment with one count of maintaining a sexual relationship with a child with a circumstance of aggravation, three counts of indecent treatment of a child under 12 in his care, five counts of indecent treatment of a child under 12 and four counts of rape where the appellant contended that the judge failed to adequately give a direction in terms of Robinson v The Queen (1999) 197 CLR 162 whether there was a misdirection or non-direction whether a miscarriage of justice occurred

CRIMINAL LAW APPEAL AND NEW TRIAL MISCARRIAGE OF JUSTICE PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE MISDIRECTION OR NON-DIRECTION NON-DIRECTION where a note the complainant had written was an exhibit at trial where the appellant submits the jury was not properly directed as to how it could use the evidence of the note whether the jury was properly directed whether a miscarriage of justice occurred