M v The Queen [1994] HCA 63

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. M v The Queen [1994] HCA 63

ORDER Appeal allowed. Set aside the order of the Court of Criminal Appeal of New South Wales and in lieu thereof order that the appeal to that Court against convictions be allowed and that the appellant's convictions be quashed and verdicts of acquittal entered. Appeal allowed. Set aside the order of the Court of Criminal Appeal of New South Wales and in lieu thereof order that the appeal to that Court against convictions be allowed and that the appellant's convictions be quashed and verdicts of acquittal entered.

[The Justices then left the Bench to confer.]

Mason C.J.

A majority of the Court has reached the firm conclusion that the appeal should be allowed. The Court proposes to make an order allowing the appeal and to publish its reasons later.

The following written reasons for judgment were published:—

Dec. 13 Mason C.J., Deane, Dawson and Toohey JJ.

The appellant was convicted in the District Court in Sydney upon two counts of indecently assaulting one of his daughters who was, at the time, thirteen years of age. He was also convicted upon three counts of sexual intercourse with the same daughter. The offences were alleged to have been committed between 8 September 1990 and 23 September 1990. There were discrepancies in the evidence of the daughter, to which it will be necessary to refer later. Her evidence was uncorroborated. The appellant denied the offences both in an interview with the police and in evidence which he gave on oath at his trial.

The appellant appealed to the Court of Criminal Appeal upon the ground, amongst others, that the verdicts were unsafe and unsatisfactory. His appeal was dismissed. Sully J., who delivered the leading judgment in the Court of Criminal Appeal, said of this ground of appeal: