GAX v The Queen [2017] HCA 25

GAX v The Queen [2017] HCA 25

The real possibility that the complainant's evidence was a reconstruction rather than an actual memory of indecent touching could not be excluded beyond reasonable doubt. Given the inconsistencies in the evidence and deficiencies in the complainant’s recollection, it was not open to the jury to be satisfied to the criminal standard. The verdict was thus unreasonable and cannot stand.

Parties
Appellant: GAX; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
21 June 2017
Procedural Posture
Appeal / High Court Judgment on Appeal From Court of Appeal of the Supreme Court of Queensland
Outcome
Appeal allowed. Conviction quashed. Acquittal entered.
Legal Topics
Unreasonable Verdict, Appeal, Indecent Dealing With a Child, Jury Verdicts, Assessment of Evidence
Criminal Law Unreasonable Verdict Appeal Indecent Dealing With a Child Jury Verdicts Assessment of Evidence

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Parties

GAX

Appellant

The Queen

Respondent

Procedural Posture

Appeal / High Court Judgment on Appeal From Court of Appeal of the Supreme Court of Queensland

Legal Issues

  1. 1 Whether the verdict of guilty was unreasonable or insupportable having regard to the evidence
  2. 2 Whether the Court of Appeal failed to make an independent assessment of the sufficiency and quality of the evidence

Ratio Decidendi

The real possibility that the complainant's evidence was a reconstruction rather than an actual memory of indecent touching could not be excluded beyond reasonable doubt. Given the inconsistencies in the evidence and deficiencies in the complainant’s recollection, it was not open to the jury to be satisfied to the criminal standard. The verdict was thus unreasonable and cannot stand.

Court Disposition

Appeal allowed. Conviction quashed. Acquittal entered.

Orders

  • Appeal allowed.
  • Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 22 July 2016 and in its place order that the appeal to that Court be allowed, the appellant's conviction be quashed and a judgment and verdict of acquittal be entered.