In the case R v LBG [2024] QCA 205, the Supreme Court of Queensland was tasked with ruling on an appeal against convictions for several domestic violence-related offenses, including choking, rape, and sexual assault. The appellant, referred to as LBG, was originally found guilty of these charges in a Rockhampton District Court trial, despite extensive cross-examination and conflicting narratives presented by both the complainant and the appellant. Central to the appeal were issues of jury misdirection, particularly concerning the use of text messages between the complainant and LBG. These messages were indiscriminately admitted as evidence without a clear demarcation that LBG did not acknowledge their contents as factual. The Court of Appeal, comprising Bond JA, Vaughan AJA, and Davis J, allowed the appeal, set aside the convictions on counts 2, 3, and 4, and ordered a retrial. The primary grounds for this decision revolved around the potential miscarriage of justice due to lack of proper jury direction regarding the text messages and an unreasonable verdict inconsistency between the counts.
Full text: https://www.sclqld.org.au/caselaw/150175