Collins v. The Queen

Lower Court Judgment

2/06/2017 Supreme Court of Queensland (Court of Appeal) (Gotterson and Morrison JJA and Burns J)

[2017] QCA 113

Catchwords

Criminal law – Appeal against conviction – Proviso – Where appellant convicted of three counts of sexual assault and one count of rape – Where trial judge directed jury inconsistency between complainant’s mother’s evidence at committal hearing and trial relevant to mother’s credibility but not complainant’s credibility – Where Court of Appeal found trial judge misdirected jury – Where Crown did not submit proviso should apply – Where Court of Appeal applied proviso and dismissed appeal – Whether Court of Appeal erred in applying proviso.

Short particulars