In the case of R v Saraghi-Smith [2024] QCA 180, the Queensland Court of Appeal examined an appeal by the appellant, Aladin Sebastian James Saraghi-Smith, who was previously convicted of two counts of rape and one count of disabling to facilitate an indictable offence. The appeal was allowed due to significant grounds that amounted to a miscarriage of justice. Notably, the trial judge failed to address prejudicial cross-examination by the prosecutor that impugned the appellant's credibility unfairly. Additionally, there were issues surrounding the inadmissibility ruling of certain evidence that may have influenced the Crown's ability to negate an honest but mistaken belief defence. Furthermore, the prosecution’s failure to provide contact information for key witnesses to the defence was highlighted. Consequently, the Court set aside the convictions and ordered a new trial.
Full text: https://www.sclqld.org.au/caselaw/149311