GAX v. The Queen

Lower Court Judgment

22/07/2016 Supreme Court of Queensland (Court of Appeal) (McMurdo P, Morrison JA, Atkinson J)

[2016] QCA 189

Catchwords

Criminal law – Where appellant was convicted of one count of indecently dealing with a child under the age of 16 years who was his lineal descendant – Where the complainant gave evidence that the appellant, her father, lay in bed with her and that his fingers were down near where her underwear was supposed to be – Where the complainant’s mother and sister also gave evidence of finding the appellant in bed with the complaint – Where there was some inconsistencies between the accounts of the complainant, the mother and the sister – Where majority of the Court of Appeal dismissed appeal – Whether majority of the Court of Appeal failed to make an independent assessment of the sufficiency and quality of the evidence.

Short particulars