High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
KIRBY, HAYNE, HEYDON AND CRENNAN JJ
GRAHAME JAMES GATELY APPELLANT
AND
THE QUEEN RESPONDENT
Gately v The Queen [2007] HCA 55
6 December 2007
B15/2007
ORDER
Appeal dismissed.
On appeal from the Supreme Court of Queensland
Representation
P E Smith for the appellant (instructed by Fisher Dore Lawyers)
B G Campbell with P J Alsbury for the respondent (instructed by Director of Public Prosecutions (Qld))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Gately v The Queen
Criminal law – Evidence – Video evidence of the complainant – Appellant charged with sexual offences against a child – Jury shown a videotape of the complainant's evidence in chief and cross-examination given at a preliminary hearing – Whether the videotape itself was admissible into evidence as an exhibit – Whether permitting the jury to replay the complainant's pre-recorded video evidence during its deliberations and in the absence of judge and counsel constituted a miscarriage of justice.
Criminal law – Evidence – Admissibility of prior consistent statements – Whether the complainant's written statement to police was admissible despite the tender of the pre‑recorded video evidence.
Criminal law – Jury trials – Directions – Whether a direction that the jury not give undue weight to the complainant's pre-recorded video evidence or written statement to police was required.
Criminal law – Appeals against conviction – Application of "proviso" – Nature of inquiry – Order of consideration of statutory criteria.
Criminal Code (Q), s 668E.
Evidence Act 1977 (Q), Div 4A of Pt 2, ss 93A, 98, 99.
1. GLEESON CJ. The facts of the case are set out in the reasons of Hayne J. The grounds of appeal are as follows:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate