MWJ v The Queen

[2005] HCA 74
Judgment date
Case number
A35/2005
Before
Gleeson CJ, Gummow, Kirby, Callinan, Heydon JJ
Catchwords

Criminal law – Practice and procedure – Trial by judge without a jury – Appellant convicted of three sexual offences against a child – Supposed inconsistencies between the evidence of the complainant and her mother concerning complaints that the complainant made to her mother – Whether the manner in which the trial judge dealt with the supposed inconsistencies involved error.

Criminal law – Practice and procedure – Rule in Browne v Dunn – Application of the rule to an accused in a criminal trial – Supposed inconsistencies between the evidence of the complainant and her mother not put to the complainant in cross-examination – Whether the complainant should have been re-called – Consequences for trial judge's decision-making.

Files
74.rtf (49.01 KB)
74.pdf (80.13 KB)