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R v BEN [2024] QCA 179

In the legal case R v BEN [2024] QCA 179, the Queensland Court of Appeal considered an appeal against the conviction of the appellant, Ben, who was found guilty by a majority verdict on one count of choking. The appellant was acquitted of five counts of rape. The inconsistency in verdicts and internal inconsistencies in the complainant’s evidence formed the basis of the appeal. The jury expressed difficulty in reaching a unanimous decision on one count, and the belief that the judge’s directions regarding preliminary complaints might have misled them contributed to the appeal. Furthermore, they failed to address the need for unanimity on the choking count, particularly in light of evidence suggesting another uncharged act of choking. The Court ultimately allowed the appeal, setting aside the verdict of guilty on the choking count and ordering a verdict of acquittal, due to the complexities associated with retrying the charge in isolation and in light of the appellant's other acquittals.


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