Gately v The Queen

Criminal law – Evidence – Video evidence of the complainant – Appellant charged with sexual offences against a child – Jury shown a videotape of the complainant's evidence in chief and cross-examination given at a preliminary hearing – Whether the videotape itself was admissible into evidence as an exhibit – Whether permitting the jury to replay the complainant's pre-recorded video evidence during its deliberations and in the absence of judge and counsel constituted a miscarriage of justice.

Criminal law – Evidence – Admissibility of prior consistent statements – Whether the complainant's written statement to police was admissible despite the tender of the pre recorded video evidence.

Criminal law – Jury trials – Directions – Whether a direction that the jury not give undue weight to the complainant's pre-recorded video evidence or written statement to police was required.

Criminal law – Appeals against conviction – Application of "proviso" – Nature of inquiry – Order of consideration of statutory criteria.

Criminal Code (Q) – s 668E.

Evidence Act 1977 (Q) – Div 4A of Pt 2, ss 93A, 98, 99.