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BCM v The Queen

[2013] HCA 48
Judgment date
Case number
B31/2013
Before
Hayne, Crennan, Kiefel, Bell, Keane JJ
Catchwords

Criminal law – Appeal – Appeal against conviction – Whether verdict unreasonable or unsupported having regard to evidence – Indecent dealing with child under 12 years – Inconsistencies in evidence of child complainant – Whether inconsistencies affected reliability – Whether inconsistencies went to essential features of complainant's account of offences.

Criminal law – Reasons – Whether Court of Appeal gave sufficient reasons – Whether Court of Appeal's reasons disclosed assessment of capacity of evidence to support verdict – Obligation to give reasons not discharged by observation that jury entitled to accept evidence of complainant.

Words and phrases – "unsafe and unsatisfactory", "verdict cannot be supported having regard to the evidence", "verdict is unreasonable".

Criminal Code (Q) – ss 210, 668E(1).

Files
48.rtf (153.41 KB)
48.pdf (54.01 KB)